Durant Construction, Inc v. Gourley

Plaintiff, Durant Construction, Inc., appeals as of right from an order granting accelerated judgment in favor of defendant, National Bank of Ypsilanti. The gravamen of this case is whether a first mortgage held by defendant bank has priority over a mechanics’ lien held by plaintiff. The issue depends upon the legal effect of alleged waivers of lien given by plaintiff to defendant.

In ruling upon defendant’s first motion for accelerated judgment, the trial court held that the language used in the waiver was similar td that found to be ambiguous in Williams & Works, Inc v Springfield Corp.…