SB 74 CO

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Became Law

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. 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.)

• J. Carson Republican · sponsor
• M. Snyder Democratic · sponsor
• S. Camacho Democratic · sponsor
• K. Nguyen Democratic · sponsor

1. Apr 6, 2026 Governor Signed · executive
2. Mar 27, 2026 Sent to the Governor · executive
3. Mar 26, 2026 Signed by the Speaker of the House · lower
4. Mar 26, 2026 Signed by the President of the Senate · upper
5. Mar 19, 2026 Senate Considered House Amendments - Result was to Concur - Repass · upper
6. Mar 17, 2026 House Third Reading Passed - No Amendments · lower
7. Mar 16, 2026 House Second Reading Special Order - Passed with Amendments - Committee · lower
8. Mar 13, 2026 House Second Reading Laid Over Daily - No Amendments · lower
9. Mar 10, 2026 House Committee on Judiciary Refer Amended to House Committee of the Whole · lower
10. Feb 18, 2026 Introduced In House - Assigned to Judiciary · lower
11. Feb 17, 2026 Senate Third Reading Passed - No Amendments · upper
12. Feb 13, 2026 Senate Third Reading Laid Over to 02/17/2026 - No Amendments · upper
13. Feb 12, 2026 Senate Second Reading Passed - No Amendments · upper
14. Feb 9, 2026 Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole · upper
15. Jan 28, 2026 Introduced In Senate - Assigned to Judiciary · upper