Monthly Archives: July 2007

July 12, 2007

Mechanics’ Lien Statute Creates An Exception To The Common Law Doctrine Of Claim Preclusion

By Tim Gordon

Dave Peterson Electric, Inc. v. Beach Mountain Builders, Inc., (Colo. App. 2007)

Subcontractor sued for breach of contract, got judgment by default, and recorded a judgment lien. Same subcontractor then filed a second lawsuit for foreclosure of its mechanics’ lien based on the same transaction. The Court of Appeals held that claim preclusion does not bar the filing of the second lawsuit for foreclosure of the lawsuit, ruling that the mechanics’ lien statute creates an exception to the common law doctrine of claim preclusion.

Read slip opinion