Colorado Revised Statutes

Colo. Rev. Stat. § 38-22-113 (2026)

Hearing - judgment - summons - defense

✓ current as of July 2026

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(1) The court, whenever the issues in such case are made up, shall advance such cause to the head of the docket for trial and may proceed to hear and determine said liens and claims or may refer the same to a magistrate to ascertain and report upon said liens and claims and the amounts justly due thereon.

(2) Judgments shall be rendered according to the rights of the parties. The various rights of all the lien claimants and other parties to any such action shall be determined and incorporated in one judgment or decree. Each party who establishes his claim under this article shall have judgment against the party personally liable to him for the full amount of his claim so established, and shall have a lien established and determined in said decree upon the property to which his lien has attached to the extent stated in this section.

(3) Proceedings to foreclose and enforce mechanics' liens under this article are actions in rem, and service by publication may be obtained against any defendant therein in a manner as provided by law, and personal judgment against the principal contractor or other person personally liable for the debt for which the lien is claimed shall not be requisite to a decree of foreclosure in favor of a subcontractor or materialman.

(4) In such proceedings, it shall be an affirmative defense that the owner or some person acting on the owner's behalf has paid an amount sufficient to satisfy the contractual and legal obligations of the owner, including the initial purchase price or contract amount plus any additions or change orders, to the principal contractor or any subcontractor for the purpose of payment to the subcontractors or suppliers of laborers or materials or services to the job, when:

(a) The property is an existing single-family dwelling unit;

(b) The property is a residence constructed by the owner or under a contract entered into by the owner prior to its occupancy as his primary residence; or

(c) The property is a single-family, owner-occupied dwelling unit, including a residence constructed and sold for occupancy as a primary residence. This paragraph (c) shall not apply to a developer or builder of multiple residences except for the residence that is occupied as the primary residence of the developer or builder.

Source: L. 1899: p. 273, § 13. R.S. 08: § 4037. C.L. § 6454. CSA: C. 101, § 27. CRS 53: § 86-3-13. C.R.S. 1963: § 86-3-13. L. 87: (4) added, p. 1336, § 2, effective May 25. L. 91:

(1) amended, p. 366, § 42, effective April 9. L. 2000: IP(4) amended, p. 210, § 10, effective August 2.

Cross references: For service of summons by publication, see C.R.C.P. 4(g) and 4(h).

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1977–2021 · leading case: Fowler & Peth, Inc. v. Regan, 151 P.3d 1281 (Colo. 2007).

Sort: Relevance Newest Treatment

Fowler & Peth, Inc. v. Regan, 151 P.3d 1281 (Colo. 2007). · cites it 4× “§ 38-22-113, C.R.S. (2006). Consequently, when the foreclosure case ends, the subcontractor, laborer, or supplier no longer has or may have a lien, and should no longer be able to use the Trust Fund Statute.”

In Re Gagliardi, 290 B.R. 808 (Bankr.D. Colo. 2003). · cites it 2× “, C.R.S. § 38-22-113(3) ("Proceedings to foreclose and enforce mechanics’ liens under this article are actions in rem .”

Bankers Trust Co. v. El Paso Pre-Cast Co., 560 P.2d 457 (Colo. 1977). · cites it 2× “3 At most, the filing of the mechanics’ lien statements makes it possible that, after hearing under section 38-22-113, Bankers would lose its priority.”

Vill. Homes of Colorado, Inc. v. Guar. Bank (In Re Vill. Homes of Colorado, Inc.), 405 B.R. 479 (Bankr.D. Colo. 2009). · cites it 4× “In the case of residential property, the interest of individual homeowners is further protected by C.R.S. § 38-22-113(4), which provides an affirmative defense to a mechanics lien if the homeowner has paid the full contract price to the general contractor.”

Gen. Growth Dev. Corp. v. A & P Steel, Inc., 678 F. Supp. 243 (D. Colo. 1988). · cites it 6× “Under C.R.S. § 38-22-113, a party who establishes a mechanic’s lien claim “shall have judgment against the party personally liable to him for the full amount of his claim .”

NORTH WASH., ETC. v. Majestic Sav. & Loan Ass'n, 594 P.2d 599 (Colo. Ct. App. 1979). · cites it 2× “At most, the filing of the mechanics' lien statements makes it possible that, after hearing under section 38-22-113, Bankers would lose its priority.”

Saanen, LLC v. Silich Constr., Inc. (D. Colo. 2021). · cites it 2× “Under Colorado law, actions to foreclose mechanic’s liens are actions in rem, Colo. Rev. Stat. § 38-22-113 (3), and “the court first assuming jurisdiction over property may exercise that jurisdiction to the exclusion of all others.”

— Colo. Rev. Stat. § 38-22-113(3) — 1 case

In Re Gagliardi, 290 B.R. 808 (Bankr.D. Colo. 2003). “, C.R.S. § 38-22-113(3) ("Proceedings to foreclose and enforce mechanics’ liens under this article are actions in rem .”

— Colo. Rev. Stat. § 38-22-113(4) — 1 case

Vill. Homes of Colorado, Inc. v. Guar. Bank (In Re Vill. Homes of Colorado, Inc.), 405 B.R. 479 (Bankr.D. Colo. 2009). “In the case of residential property, the interest of individual homeowners is further protected by C.R.S. § 38-22-113(4), which provides an affirmative defense to a mechanics lien if the homeowner has paid the full contract price to the general contractor.”

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