Everitt Lumber Co. v. Prudential Insurance Co. of America

KELLY, Judge.

Allen Plumbing & Heating of Greeley, Inc., intervened in this mechanic’s lien case, claiming a lien in an amount exceeding $5,000. Although Allen’s recorded lien statement contained, on its reverse side, a completed affidavit of service on the property owners, Manuel P. and Elvira Silva, of notice of intent to file a lien statement, there was no affidavit of service upon the principal contractor, Mountain Empire Construction Co. Applying a strict construction to § 38-22-109(3), C.R.S.1973 (1982 Repl.Vol. 16A), the trial court ruled that Allen’s lien was invalid for failure to…