Lane Myers Construction, LLC v. National City Bank

39 We are asked to determine what elements must be included in a document in order for it to qualify as a valid "waiver and release" under the Mechanics' Lien Act. In answering this question, the majority looks outside the Act to the common-law "term-of-art understanding of the elements of a 'waiver. " 1 I would instead look to the Act itself, specifically to those elements the legislature has identified through examples set forth in the Act as meeting the requirements of a valid waiver and release.2

*75840 The majority rests its adoption of the term-of-art meaning of "waiver" on the ground that the…