Merrick & Co. v. Estate of Verzuh

Opinion by

Judge ROTHENBERG.

Plaintiff, Merrick and Company (Merrick), appeals the summary judgment entered in favor of defendant, the Estate of Anton C. Verzuh (Estate), based on the trial court’s determination that Merrick’s action to foreclose on its mechanic’s lien was untimely filed. The issue presented in this appeal is whether the abandonment provisions of § 38-22-109(7), C.R.S.1999, apply to extend the time for commencement of a foreclosure action under § 38-22-110, C.R.S.1999. Because we conclude that § 38-22-109(7) would extend the filing period if Merrick had abandoned work on the…