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INDEPENDENT TRUST v. STAN MILLER, INC.

No. 89SC240.

796 P.2d 483 (1990)

INDEPENDENT TRUST CORPORATION, an Arizona corporation, as trustee, Petitioner, v. STAN MILLER, INC., a Colorado corporation; Merrick & Company, a Colorado corporation; Raymond Strahlo d/b/a Raymond Construction; Virginia Drilling Co., Inc.; Schmeuser & Associates; Jonathan Rovick and Jeff Page d/b/a Western Slope Forestry; Robert A.M. Stern d/b/a Robert A.M. Stern Architects; Breckenridge Resort Associates, Inc., a Colorado corporation, d/b/a Breckenridge Associates, Inc.; Delaware Associates, Ltd., an Oregon Limited partnership; and Breckenridge Building Center, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 10, 1990.

Attorney(s) appearing for the Case

Faegre & Benson, Diane B. Davies, Bosworth & Towey, P.C., Edward B. Towey, J. Scott Needham, Denver, for petitioner.

Bauer & Durkin, P.C., Douglas S. Durkin, Breckenridge, for respondents Stan Miller, Inc. and Robert A.M. Stern d/b/a Robert A.M. Stern Architects.

Alexander F. Rolle, Denver, for respondents Merrick & Co., Virginia Drilling Co., Inc., and Jonathan Rovick and Jeff Page d/b/a Western Slope Forestry.

Holme, Roberts & Owen, G. Kevin Conwick, Denver, for respondent Delaware Associates, Ltd.

French, West, Wood & Brown, P.C., John B. Wood, Breckenridge, for respondent Breckenridge Bldg. Center.

No appearances for respondents Raymond Strahlo d/b/a Raymond Const., and Breckenridge Resort Associates, Inc., a Colorado corp., d/b/a Breckenridge Associates, Inc.

Justice ERICKSON delivered the opinion of the court.

We granted certiorari to consider whether a blanket mechanics' lien should have been apportioned, and whether late charges contained in a contract between a landowner and contractor are entitled to the protection of the Colorado General Mechanics' Lien statutes. See §§ 38-22-101 to -133, 16A C.R.S. (1982 & 1989 Supp.). The court of appeals held that the district court did not abuse its discretion...

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