First Union National Bank v. RPB 2, LLC

KAPSNER, Justice.

[¶ 1] Don Hermanson, doing business as Able Painting and Contracting (“Her-manson”), appeals the district court’s summary judgment dismissal of his mechanic’s lien. The district court concluded the plain language of the statute did not require consideration to waive a lien and Hermanson signed an effective lien waiver. We conclude the district court did not err when it dismissed Hermanson’s claim of a mechanic’s lien on the Palace Arms Hotel (“hotel”) located in Bismarck, North Dakota, because Hermanson signed a valid lien waiver.

[¶ 2] On February 14, 2000, Herman-son began…