科罗拉多州的电气承包商似乎在努力中遇到了令人震惊的经验,因为它在较低的丹佛公寓项目上为电气工作收集超过600,000美元。适当的是,电气承包商的名称是确定 - 震动电力公司

Not having been paid, Sure-Shock filed a mechanic’s lien describing the entire project, but it served only the required 10-day notice on the owner of seven unsold units. Because there was an arbitration requirement in its contract, Sure-Shock arbitrated the question of how much it was owed and then proceeded to court for a determination of the validity and enforcement of its lien.

仲裁员确定确保休克有权获得620,000美元。这件事与法庭和肯定震动的机械师留置权的权利在几个法律理由上受到挑战。但是,法院确认仲裁员的奖项,并允许肯定震惊抵押在其留置权上。

That decision was appealed to the Colorado Court of Appeals and was affirmed. The appeals court ruled that issues concerning the mechanic’s lien validity could be determined by the trial court even though the arbitration provision in Sure-Shock’s contract provided that all disputes be determined in the arbitration. The case was sent back to the trial court for further action.

The second trial court proceeding resulted in the court deciding that Sure-Shock’s mechanic’s lien applied to only seven of the 29 total condominium (and two commercial) units in the project, so the electrical work on those seven units and the liens for that work would have been only for a proportion of the work performed on the entire project—and the associated cost of that work.

该法院得出结论,由于肯定震动,七名单位所有者不应将其单位列入全部金额。法官推出了最合理的制造方法,即分摊是正方形的基础,因此判定肯定震惊的六个单位的留置权略微超过205,000美元的六个单位。

it was owed. Again, that decision was appealed. On August 28, 2014, the Colorado Court of Appeals affirmed the trial court’s decision.

Since it does not appear that Sure-Shock’s contract allowed it to recover its attorney fees—and there is no Colorado statute allowing the recovery of attorney fees by successful mechanic’s lien claimants—it appears that Sure-Shock had to pay its own attorney fees.

The bottom line: Sure-Shock went through about eight years of litigation, an arbitration, two separate trial court proceedings, two court of appeals proceedings and it now stands to have a lien for about one-third of what it was owed. There is probably no chance that it will recover anything else—the owner is probably broke.

一个快乐的注意事项是,从2006年开始,确定休克有权以每年12%的法定税率恢复利息。由于涉及的年数,利息几乎将其恢复量与美元金额达成两倍。一个可能悲伤的注意事项:案件可能不会结束。

A review to the Colorado Supreme Court may be possible, but only if that court agrees to take the case. If it does, there will be more delays, attorney fees and possibly a reversal of the lower court rulings on one or more of the issues involved.

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Albert B. Wolf是沃尔夫斯卫星和麦迪逊PC丹佛律师事务所的校长。