Halbert's Lumber, Inc. v. Lucky Stores, Inc.

Opinion

SILLS, P. J.

Introduction

This case presents a real doozy of a puzzle in mechanic’s lien law. What is the scope of the “conditional waiver release” of mechanic’s lien rights prescribed by Civil Code section 3262, subdivision (d)(1)? This statute specifies the language and format of a release of mechanic’s lien rights in return for a progress payment. The parties here used a release form following the statutory language virtually verbatim.

Two questions confront us. The first is the meaning of the word “furnished” as used in the release form. Does “furnished” mean delivery of materials to…