Western Landscape Construction v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASS'N

Opinion

ZEBROWSKI, J.

This case concerns the proper application of construction industry release forms worded in the statutory language of former Civil Code section 3262, subdivision (d)(1). Until the statute was recently amended, forms with this wording were commonly submitted by subcontractors when applying for progress payments. The forms operated to release certain stop notice and mechanic’s lien rights in return for a progress payment. The specific question in this case concerns whether these forms release a subcontractor’s stop notice and mechanic’s lien rights with respect to “retention”…