Colorado § 38-22-115 - Parties to action.
Full text of Colorado Colorado Revised Statutes § 38-22-115 — Parties to action., with citation guidance and answers to common questions.
§ 38-22-115. Parties to action.
Principal contractors and all other persons personally liable for the debt for which the lien is claimed shall be made parties to actions to enforce liens under this article, and service of summons shall be made either personally or by publication in the same manner and with like effect as is provided by law in cases of attachment and other proceedings in rem.
Source: L. 1899: p. 274, § 15. R.S. 08: § 4039. C.L. § 6456. CSA: C. 101, § 29. CRS 53: § 86-3-15. C.R.S. 1963: § 86-3-15.
Cross references: For service of summons in attachment or other in rem proceedings, see C.R.C.P. 4(e) to 4(g).
ANNOTATION
Principal contractor is a necessary and indispensable party to an action for the foreclosure of mechanics' liens. Estey v. Hallack & Howard Lumber Co., 4 Colo. App. 165, 34 P. 1113 (1893); Union Pac. Ry. v. Davidson, 21 Colo. 93, 39 P. 1095 (1895).
When principal contractor deemed unnecessary party. When the contract amount is greater than $500 and the contract is not recorded, the principal contractor is a proper, but not a necessary party, and the action is sufficient without him. Bulow v. Ward Terry & Co., 155 Colo. 560, 396 P.2d 232 (1964).
Where several original contractors exist, only one necessary as defendant. In an action to foreclose a mechanic's lien for material furnished a subcontractor, where there are several original contractors, it is not necessary to make more than one of them a defendant; but, if the owners of the property wish the other joint contractors to be made defendant the court may, in its discretion, have them brought in, if they are within its jurisdiction. Barnes v. Colo. Springs & C.C.D. Ry., 42 Colo. 461, 94 P. 570 (1908).
Applied in Decker v. Myles, 4 Colo. 558 (1879); Nat'l Union Fire Ins. Co. v. Denver Brick & Pipe Co., 162 Colo. 519, 427 P.2d 861 (1967).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-22-115
What does Colorado Revised Statutes § 38-22-115 cover?
Section 38-22-115 ("Parties to action.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-22-115?
A common citation format is "Colorado Revised Statutes § 38-22-115" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-22-115 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.