Breckinridge Ltd. Partnership v. Regent Construction Corp.

Loudoun County Circuit Court

Breckinridge Ltd. Partnership v. Regent Construction Corp.

37 Va. Cir. 431, 1995 Va. Cir. LEXIS 1129

CourtLoudoun County Circuit Court

DecidedDecember 18, 1995

DocketCase No. (Chancery) 16646

StatusPublished

This text of 37 Va. Cir. 431 (Breckinridge Ltd. Partnership v. Regent Construction Corp.) is published on Counsel Stack Legal Research, covering Loudoun County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Breckinridge Ltd. Partnership v. Regent Construction Corp., 37 Va. Cir. 431, 1995 Va. Cir. LEXIS 1129 (Va. Super. Ct. 1995).

Pincite

Opinion

By Judge Thomas D. Horne

In this mechanic’s lien action, petitioners seek relief pursuant to the provisions of § 43-17.1, Code of Virginia. They ask that the Court find that lien filed by the defendants is invalid. It is the contention of the petitioners that the defendants filed waivers as to the property sought to be liened. Based upon the evidence presented and the arguments of counsel, the Court finds that the defendants have failed to show that the waivers were procured by fraud or unsupported by consideration.

The waivers at issue are clear and unambiguous on their face and constitute a bar to defendants’ right to assert a mechanic’s lien. Accordingly, the Court will declare the mechanic’s lien filed by Regent to be invalid, and the Clerk will be directed to take such action as is necessary to release and remove such lien from the records of this court. Petitioners’ request for counsel fees is denied.

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By Judge Thomas D. Horne

In this mechanic’s lien action, petitioners seek relief pursuant to the provisions of § 43-17.1, Code of Virginia. They ask that the Court find that lien filed by the defendants is invalid. It is the contention of the petitioners that the defendants filed waivers as to the property sought to be liened. Based upon the evidence presented and the arguments of counsel, the Court finds that the defendants have failed to show that the waivers were procured by fraud or unsupported by consideration.

The waivers at issue are clear and unambiguous on their face and constitute a bar to defendants’ right to assert a mechanic’s lien. Accordingly, the Court will declare the mechanic’s lien filed by Regent to be invalid, and the Clerk will be directed to take such action as is necessary to release and remove such lien from the records of this court. Petitioners’ request for counsel fees is denied.

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Bluebook (online)

37 Va. Cir. 431, 1995 Va. Cir. LEXIS 1129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breckinridge-ltd-partnership-v-regent-construction-corp-vaccloudoun-1995.