Lane Myers Construction, LLC v. National City Bank

Justice LEE,

opinion of the Court:

1 1 Dick and Kim Kyker hired Lane Myers Construction to build two separate homes. The Kykers secured a construction loan through National City Bank, and the bank periodically paid Lane Myers on draw request forms that included language stating that Lane Myers had no lien on the property. The question presented is whether the draw request forms effected, an enforceable lien waiver under the Utah Mechanics' Lien Act.1

T2 The district court entered summary judgment for the Kykers and National City, holding that the draw requests were in substantial compliance with…