THOMAS WELLS & ASSOC. v. Cardinal Properties

We granted certiorari to review the dismissal of a civil action and the termination of rights guaranteed by a mechanic’s lien. The court of appeals affirmed the trial court’s judgment dismissing the civil action and the mechanic’s lien. Thomas Wells & Associates v. Cardinal Properties, Inc., 37 Colo. App. 1, 543 P.2d 1275 (1975). We reverse and remand to the court of appeals with directions that the case be remanded to the district court for a hearing and a factual determination on the waiver issue.

Both the trial court and the court of appeals dismissed the petitioner’s claim for relief for…