Monthly Archives: June 2011

June 15, 2011

Governor signs bill remedying lis pendens problem with Weize Company, LLC v. Martz Supply Co.

By Tim Gordon

Earlier this month, the Governor signed into law Senate Bill 11-264.  The purpose of SB 11-264 is to abrogate the part of Weize Company, LLC v. Martz Supply Co. holding that a lis pendens must be recorded in a claim against a lien substitution bond.  The new law amends various sections of Colorado's mechanics' lien statute to clarify that a lis pendens or a notice of commencement of action shall not be recorded in cases where a mechanics' lien has been properly bonded over.  The new law takes effect July 1, 2011.