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JAMES H. STEWART & ASSOC. v. NAREDEL OF COLO.

No. 76-523.

571 P.2d 738 (1977)

JAMES H. STEWART AND ASSOCIATES, INC., a Colorado Corporation, and Empire Laboratories, Inc., a Colorado Corporation, Plaintiffs, v. NAREDEL OF COLORADO, INC., a Colorado Corporation, Naredel Properties of Colorado, a Limited Partnership, Dennis L. Bass, general partner and limited partner, and Donald M. Ladinsky, limited partner, the Lincoln National Life Insurance Company, Arvada State Bank, Angel/Mock and Associates, Herbert W. Angel, and Fern I. Wolaver, Public Trustee, Larimer County, Colorado, Defendants. First National Bank, Fort Collins, Colorado, Defendant-Appellee. WARREN A. FLICKINGER & ASSOCIATES, LTD., Defendant-Appellant, v. WESTERN FEDERAL SAVINGS AND LOAN ASSOCIATION OF DENVER, Metro Construction Co., S. S. Kresge Company, Mountain Savings and Loan Association, Citizens and Southern Realty Investors, a Maryland Real Estate Investment Trust, Albertsons, Inc., a Delaware Corp., United Building Centers Anderson, Inc., Kennedy Electric Co., Inc., Angel/Mock and Associates, a California Corporation, Herbert W. Angel, A. B. C. Welding Incorporated, Bengfords Masonry, Naredel Properties of Arvada, Ltd., a Georgia Limited Partnership, Naredel of Georgia, Inc., Third-Party Defendants.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 25, 1977.

Certiorari Granted November 29, 1977.

Attorney(s) appearing for the Case

Fischer, Brown, Huddleson & Gunn, Charles R. Huddleson, Fort Collins, for defendant-appellee.

Towey & Zak, Edward B. Towey, Denver, for defendant-appellant.

RULAND, Judge.

The sole issue on this appeal is whether an architect, who, pursuant to a contract with the owner of real property, prepares plans and specifications for construction of improvements upon that property, may assert a mechanic's lien even though the improvements are not subsequently erected. Having concluded that the applicable statute grants the architect a lien right under these circumstances, we reverse the judgment of the district court holding to...

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