Knez Building Materials Co. v. Bell-Air Estates, Inc.

Plaintiff appeals from the judgment for defendant Bell-Air Estates, Inc. (defendant) 1 in this lien foreclosure action. We reverse.

Plaintiff supplied drywall to defendant Spinks (Spinks), who was a subcontractor on a construction project for defendant on property belonging to defendant. Spinks delivered and installed the drywall for the project between June 23 and August 17, 1992. For the regular billing cycle ending on July 25, defendant issued a check payable to plaintiff and Spinks jointly. The back of the check contained a “lien waiver,” providing that the payee relinquished all lien…