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FIRST AMERICAN BANK v. J.S.C. CONCRETE

Record Nos. 990366, 990426.

523 S.E.2d 496 (2000)

259 Va. 60

FIRST AMERICAN BANK OF VIRGINIA, et al. v. J.S.C. CONCRETE CONSTRUCTION, INC. J.S.C. Concrete Construction, Inc. v. First American Bank of Virginia, et al.

Supreme Court of Virginia.

January 14, 2000.

Attorney(s) appearing for the Case

Robert K. Richardson (Odin, Feldman & Pittleman, on briefs), Fairfax, for First American Bank of Virginia, et al.

Claude T. Compton (Compton Law Firm, on brief), for J.S.C. Concrete Construction, Inc.

Present: All the Justices.

COMPTON, Justice.

These two appeals stem from a single suit to enforce mechanics' liens. Although such a lien is a creature of statute, the lien must have its foundation in a contract, with which the lien must correspond. Sergeant v. Denby, 87 Va. 206, 208, 12 S.E. 402, 402 (1890). Here, we must decide first just what comprises the underlying contract of the parties. Then, the dispositive issue will become whether the contract's lien waiver provisions control...

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