Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-22-123 (2024)

Payment to avoid invalid

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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No payment made by any owner to any contractor for the purpose of avoiding any anticipated lien of any subcontractor shall be valid; and if any person files either of said statements for a lien for a larger sum than is due or to become due, in fact, or in probability, as the case may be, with intent to cheat or defraud any other person, and that fact appears in any proceeding under this article, such person shall forfeit all rights to such lien under this article.

Source: L. 1883: p. 235, § 29. G.S. § 2159. R.S. 08: § 4047. C.L. § 6464. CSA: C. 101, § 37. CRS 53: § 86-3-23. C.R.S. 1963: § 86-3-23.

Notes of Decisions
Cited in 4 cases, 1977–1990 · leading case: E.B. Roberts Constr. Co. v. Concrete Contractors, Inc., 704 P.2d 859 (Colo. 1985).
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E.B. Roberts Constr. Co. v. Concrete Contractors, Inc., 704 P.2d 859 (Colo. 1985). · cites it 10× “See §§ 38-22-123, -128, 16A C.R.S. (1982). We also elected to review on certiorari whether CCI, which was not a party to the written subcontract between Ideal and Roberts, could enforce the subcontract when CCI performed the work to be accomplished by Ideal pursuant to that…”
Mountain Stone Co. v. HW Hammond Co., 564 P.2d 958 (Colo. Ct. App. 1977). · cites it 4× “shall be binding except as between the parties to such contract," and because of § 38-22-123, C.R.S.1973, which mandates that "[n]o payment made by any owner to any contractor for the purpose of avoiding any anticipated lien .”
Concrete Contractors, Inc. v. E.B. Roberts Constr. Co., 664 P.2d 722 (Colo. Ct. App. 1983). · cites it 3× “At that time the General Assembly did not repeal the existing statute dealing with allegedly excessive mechanic’s lien statements which was contained in § 38-22-123, C.R.S.1973 (1982 Repl.Vol. 16A).”
Wigham Excavating Co. v. Colorado Fed. Sav. & Loan Ass'n, 796 P.2d 23 (Colo. Ct. App. 1990). · cites it 4× “See § 38-22-123, C.R.S. (1982 Repl.Vol. 16A).”
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