Chapter 4 - § 4.5 ASSIGNMENT OF MECHANICS' LIENS

• Jurisdiction: Colorado

§ 4.5 ASSIGNMENT OF MECHANICS' LIENS

The Colorado mechanics' lien statute expressly allows for the assignment of a mechanics' lien claim.³⁰ Where there is a valid assignment of a mechanics' lien, the assignee is the real party in interest for a foreclosure action.³¹ Since the assignee's rights can be no greater than the assignor's, the assignee's claim is subject to the same defenses that would exist against the assignor. ³²

Trust fund claims, which are discussed in § 7.3, can also be assigned, but the treble damages component of a trust fund claim cannot.³³

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Notes:

^[30] C.R.S. § 38-22-117.

^[31] Howard, 283 P. at 1051.

^[32] Id.

^[33] People v. Adams, 243 P.3d 256, 258 (Colo. 2010).