Colorado § 38-46-101 - Definitions.
Full text of Colorado Colorado Revised Statutes § 38-46-101 — Definitions., with citation guidance and answers to common questions.
§ 38-46-101. Definitions.
As used in this article 46, unless the context otherwise requires:
(1) "Contract" means a contract to construct, alter, or repair a structure on or improvement on real property.
(2) "Contractor" means a person that is a party to a contract with a property owner.
(2.5) "Like bond" means a retainage bond submitted by a subcontractor to a contractor or subcontractor that is substantially equivalent to the retainage bond submitted by the contractor or subcontractor to the property owner or contractor.
(3) "Property owner" means a private person with an interest, including a leasehold interest, in real property or in a real property fixture that has entered into a contract with a contractor.
(4) "Retainage" means a percentage of:
(a) A contract or subcontract price retained from a contractor or subcontractor as assurance that the contract or subcontract will be satisfactorily completed; or
(b) A supply agreement price as assurance that the goods, materials, or equipment meets the specifications necessary for satisfactory performance of a contract or subcontract.
(4.5) "Retainage bond" means a surety bond that is issued by an insurer licensed to issue the bond in Colorado as assurance for the person accepting the bond that:
(a) A contract or subcontract will be satisfactorily completed; or
(b) The goods, materials, or equipment meets the specifications necessary for satisfactory performance of a contract or subcontract.
(5) (a) "Subcontract" means an agreement:
(I) To perform a portion of the work required by a contract; and
(II) To furnish or perform on-site labor, with or without furnishing materials.
(b) To be a subcontract, an agreement need not be made directly with a contractor; the agreement may be made with a subcontractor or a subsequent subcontractor.
(6) "Subcontractor" means a person that enters into a subcontract with a contractor, a subcontractor, or a subsequent subcontractor.
(7) "Subsequent subcontractor" includes a person who has signed a subcontract with a sub-subcontractor, a sub-sub-subcontractor, or any additional level of subcontractor.
(8) "Supply agreement" means an agreement to provide materials, goods, or equipment to a contractor or subcontractor.
Source: L. 2021: Entire article added, (HB 21-1167), ch. 146, p. 859, § 1, effective September 7. L. 2026: (2.5) and (4.5) added, (HB 26-1311), ch. 129, p. 564, § 1, effective August 12.
Editor's note: Section 3(2) of chapter 129 (HB 26-1311), Session Laws of Colorado 2026, provides that the act changing this section applies to contracts created on or after August 12.
Frequently Asked Questions About Colorado § 38-46-101
What does Colorado Revised Statutes § 38-46-101 cover?
Section 38-46-101 ("Definitions.") 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 § 38-46-101?
A common citation format is "Colorado Revised Statutes § 38-46-101" (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 § 38-46-101 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.