Monthly Archives: June 2010

June 24, 2010

Fire Itself Triggers Statute Of Limitations, Not Discovery Of Cause

By Tim Gordon

United Fire Group v. Powers Electric, Inc. (Colo. App. 2010)

Today, the Colorado Court of Appeals, construing the statute of limitations for claims against construction professionals (C.R.S. 13-80-104), held that the statute of limitations for a claim against an electrician who performed faulty work that resulted in a fire began to run from the date of the fire, not from when the cause of the fire was determined.

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June 10, 2010

Lis Pendens Still Required, Even If Mechanics’ Lien Is Bonded

By Tim Gordon

[EDIT – The Colorado Legislature has since passed, and the Governor has signed, Senate Bill 11-264, which abrogates the holding in Weize for lawsuits brought after July 1, 2011.  See here for details.]

Today, in Weize Company, LLC v. Martz Supply Co., 09CA1369 (Colo. App. June 10, 2010), a division of the Colorado Court of Appeals held that a subcontractor suing to enforce its rights to a mechanics’ lien that has been substituted by a bond and thus discharged must still record a lis pendens.  So, according to the Court of Appeals, bonding over a mechanics’ lien will not clear title, despite the clear language of the statute.

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