Colorado § 38-22-108 - Rank of liens.

§ 38-22-108. Rank of liens.

(1) Every person given a lien by this article whose contract, either express or implied, is with the owner or reputed owner or owner's agent or other representative, is a principal contractor and all others are subcontractors; and in every case in which different liens are claimed against the same property, the rank of each lien, or class of liens, as between the different lien claimants, shall be declared and ordered to be satisfied in the decree or judgment in the following order named:

(a) The liens of all those who were laborers or mechanics working by the day or piece, but without furnishing material therefor, either as principal or subcontractors;

(b) The liens of all other subcontractors and of all materialmen whose claims are either entirely or principally for laborers, materials, machinery, or other fixtures, furnished either as principal contractors or subcontractors;

(c) The liens of all other principal contractors and all moneys realized in any actions for the satisfaction of liens against the same improvements or structures shall be paid out in the order above designated.

Source: L. 1899: p. 269, § 8. R.S. 08: § 4032. C.L. § 6449. CSA: C. 101, § 22. CRS 53: § 86-3-8. C.R.S. 1963: § 86-3-8. L. 2000: IP(1), (1)(b), and (1)(c) amended, p. 208, § 7, effective August 2.

ANNOTATION

Materialmen includes a company furnishing steel to be used in the erection of a building. Atkinson v. Colo. Title & Trust Co., 59 Colo. 528, 151 P. 457 (1915).

Materialman furnishing materials directly to owner treated as principal contractor. A materialman furnishing materials directly to the owner is treated as a principal contractor under this article. First Nat'l Bank v. Sam McClure & Son, 163 Colo. 473, 431 P.2d 460 (1967).

Applied in Bankers Trust Co. v. El Paso Pre-Cast Co., 192 Colo. 468, 560 P.2d 457 (1977); Weather Eng'g & Mfg., Inc. v. Pinon Springs Condominiums, Inc., 192 Colo. 495, 563 P.2d 346 (1977).