Chapter 4 - § 4.4 • JOINING PARTIES AND CONSOLIDATING ACTIONS

• Jurisdiction: Colorado

§ 4.4 • JOINING PARTIES AND CONSOLIDATING ACTIONS

As noted above, the foreclosure complaint should name all other lien claimants as parties. They in fact typically appear on the litigation guarantee. But if multiple lawsuits are filed seeking to foreclose mechanics' liens on the same property, the statute expressly provides for consolidation and joinder.²⁸ The Colorado mechanics' lien statutes contemplate that all mechanics' lien claimants shall be made parties to the action brought to enforce any one of the mechanics' liens, and that all such claimants shall have their rights adjudicated in one action and protected and enforced in one judgment.²⁹

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Notes:

^[28] C.R.S. § 38-22-111.

^[29] See Nat'l Union Fire Ins. Co. v. Denver Brick & Pipe Co., 427 P.2d...