Metropolitan Federal Bank of Iowa v. A.J. Allen Mechanical Contractors, Inc.

McGIVERIN, Chief Justice.

This case presents the question of whether certain contractors waived their rights to claim mechanics' liens prior in right to the claims of a construction mortgagee. The district court concluded that the contractors had not waived their rights. We agree and affirm.

I. Background facts and proceedings. This dispute arose out of the construction of a strip mall in Des Moines by ABAS Partnership and its individual partners A.Y. Al-Shash, Ala Daghestani, and Jeffrey Smith (ABAS). ABAS began construction of the project in early 1986, obtaining financing in late October…