ColoradoClarify Excessive Public Construction Bond Claim Penalty
What it does
Currently, a contractor on a private construction project has a statutory right to secure payment with a general mechanic's lien. However, if the contractor knowingly files on the lien for an excessive amount, the contractor forfeits all rights to the lien and is liable to the person against whom the lien was filed for costs and attorney fees. A contractor on a public construction project has a similar right to secure payment by filing a verified statement of claim, which requires the project owner to withhold funds sufficient to pay the claim, usually in the form of a bond.
More detail
The act clarifies that a public construction contractor who knowingly files a verified statement of claim for an excessive amount forfeits all rights pursuant to the verified statement of claim. Thus, the act aligns, for both a private and public construction contractor, the penalty for claiming an excessive amount on a lien or verified statement of claim to the loss of rights related to that lien or verified statement of claim, respectively. The act expressly allows for a private mechanic's lien or public verified statement of claim to include costs otherwise allowed under a contract in the lien or verified statement of claim amount, including costs incurred as a result of delay, lost productivity, or other disruption to the work. The act also clarifies that an award by a court for an amount less than the amount claimed in a lien or verified statement of claim does not render the amount claimed excessive.(Note: This summary applies to this bill as enacted.)
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 6Governor Jared Polis SignedBecame Law
- Mar 27Sent to the GovernorTo Governor
- Mar 26Signed by the President of the SenateMajor
- Mar 26Signed by the Speaker of the HouseMajor
- Mar 19Senate Considered House Amendments - Result was to Concur - Repass
- Vote recorded REPASS. Result: pass.Lower
- Vote recorded CONCUR. Result: pass.Lower
- Vote recorded REPASS. Result: pass.Upper
- Vote recorded CONCUR. Result: pass.Upper
- Mar 17House Third Reading Passed - No AmendmentsPassed House
- Vote recorded BILL. Result: pass.Lower
- Mar 16House Second Reading Special Order - Passed with Amendments - Committee
- Mar 13House Second Reading Laid Over Daily - No Amendments
- Mar 10House Committee on Judiciary Refer Amended to House Committee of the WholeMinor
- Vote recorded Refer Senate Bill 26-074, as amended, to the Committee of the Whole. Result: pass.Upper
- Vote recorded Adopt amendment L.006 (Attachment E). Result: pass.Lower
- Vote recorded Refer Senate Bill 26-074, as amended, to the Committee of the Whole. Result: pass.Lower
- Vote recorded Adopt amendment L.004 (Attachment C). Result: pass.Lower
- Vote recorded Adopt amendment L.001 (Attachment B). Result: pass.Lower
- Vote recorded Adopt amendment L.005 (Attachment D). Result: pass.Lower
- Feb 18Introduced In House - Assigned to JudiciaryMinor
- Feb 17Senate Third Reading Passed - No AmendmentsPassed Senate
- Vote recorded BILL. Result: pass.Lower
- Vote recorded BILL. Result: pass.Upper
- Feb 13Senate Third Reading Laid Over to 02/17/2026 - No Amendments
- Feb 12Senate Second Reading Passed - No AmendmentsMinor
- Feb 9Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the WholeMinor
- Vote recorded Refer Senate Bill 26-074 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. Result: pass.Upper
- Jan 28Introduced In Senate - Assigned to JudiciaryIntroduced