Waiver of Lien Rights Requires Clear, Certain and Unequivocal Evidence
Boise Cascade Corp. v. Distinctive Homes, Inc., 67 Wash. 2d 289, 407 P.2d 452 (1965)
This case involves actions to foreclose on materialmen’s liens by Boise for materials supplied to Distinctive, a building company owned by the landowners, for the construction of two homes. Distinctive claimed that Boise agreed to waive its lien rights when it accepted two promissory notes. Boise, however, claimed that the two notes were merely taken as additional security when it agreed to withhold filing the liens if certain timely payments were made.