Chapter 12 - § 12.3 RIGHTS ARE CUMULATIVE

• Jurisdiction: Colorado

§ 12.3 RIGHTS ARE CUMULATIVE

The rights granted by the wells and equipment lien statute are cumulative as to all other rights that the claimant may have.²⁷ This raises the potential of overlap between the wells and equipment lien statute and the general mechanics' lien statute. In Aspen Drilling Co. v. Hayes,²⁸ a division of the Colorado Court of Appeals applied the wells and equipment lien statute to resolve a water well lien issue. In doing so, the court addressed the interaction between Article 22, the general mechanics' lien statute, and Article 24, the wells and equipment lien statute. The issue in Aspen Drilling Co. was what recording deadline to apply. The deadline for recording a general mechanics' lien is four months from the last work performed or materials supplied by the lien claimant, whereas the wells and equipment lien can be recorded up to six months after the last work is performed or materials supplied. The opinion in Aspen Drilling Co. suggests that the lien claimant may have initially intended to follow the procedure for recording a general mechanics' lien, since the claimant served a notice of intent.²⁹ But whatever the claimant's original intent, the court held that the wells and equipment lien statute applied to the recording deadline. According to the court,

a water well is within the scope of the definition of "improvement" under Article 22 since a productive water well would enhance the value of . . . property. However, a water well more properly fits within the provisions of Article 24, which specifically

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