Amco Elec. Co., Inc. v. First Nat. Bank of Denver, 77-1065
| Decision Date | 25 January 1979 |
| Docket Number | No. 77-1065,77-1065 |
| Citation | 596 P.2d 70,42 Colo.App. 124 |
| Parties | AMCO ELECTRIC COMPANY, INC., a Colorado Corporation, Plaintiff, v. FIRST NATIONAL BANK OF DENVER and Percy Wilson Mortgage & Finance Corporation, Defendants-Appellants, v. FRANKLIN CONTRACT SALES CO., Defendant-Appellee. . I |
| Court | Colorado Court of Appeals |
Towey & Zak, James J. Zak, Denver, for defendants-appellants.
Stephen H. Diamond, Denver, for defendant-appellee.
On December 3, 1974, this mechanic's lien foreclosure action was commenced by Amco Electric Company, but defendant Franklin Contract Sales Company was not named as a defendant. On August 21, 1975 Franklin filed a motion to intervene in order to enforce its mechanic's lien in the amount of $25,908.16. This motion was granted on October 27, 1975.
The matter was referred to a Master who found that Franklin's mechanic's lien was valid and superior to deeds of trust held by First National Bank of Denver (First National) and Percy Wilson Mortgage and Finance Corporation (Percy Wilson). The trial court entered judgment approving the Master's findings, and awarded Franklin $22,869.58 plus interest. First National and Percy Wilson now appeal. We reverse.
Franklin entered into a contract with a development company for the installation of drapes and carpeting at a condominium project known as "The Oaks". Pursuant thereto Franklin installed drapes in the amount of $2,872.62 and carpeting worth $23,035.54 and recorded its mechanic's lien on January 13, 1975, subsequent to commencement of the foreclosure action against the project on December 3, 1974. At a hearing held before the Master, the parties stipulated that Franklin commenced work on November 16, 1973; that the final date of work performed by Franklin was December 23, 1974; that all work ceased on the project on December 23, 1974, with the last work performed by Franklin. The Master found that the parties had stipulated that by the terms of § 38-22-109(7), C.R.S.1973, the project was deemed to have been completed three months after discontinuance of all labor and provision of materials, that being March 23, 1975.
First National and Percy Wilson argue on appeal that Franklin's intervention was not timely. We agree.
Section 38-22-110, C.R.S.1973 provides that:
"No lien claimed by virtue of this article . . . shall hold the property longer than six months after the last work or labor is performed, or materials furnished, or after the completion of the (project), . . . as prescribed in Section 38-22-109, unless an action has been commenced with that time to enforce the same . . . ."
By the terms of this section, read together with § 38-22-109(7), Franklin had nine months from ...
To continue reading
Request your trial
-
Franklin Contract Sales Co. v. First Nat. Bank of Denver, 79SC107
...for respondents. LEE, Justice. We granted certiorari to review the decision of the court of appeals in Amco Electric v. First National Bank, 42 Colo.App. 124, 596 P.2d 70 (1979). We now reverse the judgment of the court of Petitioner Franklin Contract Sales Company (Franklin), installed car......
-
Amco Elec. Co., Inc. v. First Nat. Bank of Denver
...Stephen H. Diamond, Denver, for defendant-appellee. SMITH, Judge. The judgment in this case was reversed by this court (42 Colo.App. 124, 596 P.2d 70), and upon certiorari, the Colorado Supreme Court reversed this court's decision relative to the issue of the timeliness of the filing of a m......