Governor signs bill remedying lis pendens problem with Weize Company, LLC v. Martz Supply Co.

Earlier this month, the Governor signed into law Senate Bill 11-264.  The purpose of SB 11-264 is to abrogate the part of Weize Company, LLC v. Martz Supply Co. holding that a lis pendens must be recorded in a claim against a lien substitution bond.  The new law amends various sections of Colorado's mechanics' lien statute to clarify that a lis pendens or a notice of commencement of action shall not be recorded in cases where a mechanics' lien has been properly bonded over.  The new law takes effect July 1, 2011.