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eBook details

• Title: Independent Trust Corp. v. Stan Miller Inc.
• Author : Iowa Supreme Court
• Release Date : January 09, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

We granted certiorari to consider whether a blanket mechanics lien should have been apportioned, and whether late charges contained in a contract between a landowner and contractor are entitled to the protection of the Colorado General Mechanics Lien statutes. See ?? 38-22-101 to -133, 16A C.R.S. (1982 & 1989 Supp.). The court of appeals held that the district court did not abuse its discretion in refusing to order pre-sale apportionment or partial redemption of the property, and that petitioner Independent Trust Corporation (ITC) waived the issue of whether contractual late charges are lienable. Stan Miller, Inc. v. Breckenridge Resort Assocs., Inc., 779 P.2d 1365 (Colo. App. 1989). In the alternative, the court of appeals found that late charges were covered by the mechanics lien statutes. Id. at 1370. It therefore affirmed the judgment of the district court on these issues. We affirm the court of appeals on the apportionment and redemption questions, but reverse on the issues of waiver and lienability of contractual late charges.

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