A decision of the Business Court in Wachovia Bank National Association, et al. v. Superior Construction Corporation, et al., Case No. 07 CVS 21256, Mecklenburg County,( 2010 NCBC 9) has ruled that a General Contractor who signed an interim lien waiver captioned “Partial Waiver of Lien” containing language that waived lien rights up to and including the date of a progress payment, constituted a waiver of the date of first furnishing under the Mechanic’s Lien Statute. The result was that there was a change in the date of first furnishing from April 22, 2005 to the date specified in the lien waiver of May 31, 2005.

The interim lien waiver signed by the Contractor provided that the Contractor does hereby:

Waive, relinquish, surrender and release any and all lien, claim, or right to lien on the above-described project and premises arising under and by virtue of the Mechanic’s Lien laws of the State of North Carolina on account of any labor performed or the furnishing of any material to the above-described project and premises up to and including the 31st day of May 2005.