GRECO-DAVIS CONTRACTING COMPANY, INC., A FLORIDA CORPORATION, APPELLANT,
v.
STEVMIER, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 2d DCA | 1964-03-04
Nos. 4206, 4207
SMITH, C. J., WHITE, J., and MELVIN, WOODROW, Associate Judge, concur.
162 So. 2d 285 Florida District Court of Appeal, Second District (1964) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

The records on appeal, together with briefs and argument of counsel, have been carefully reviewed and considered. The decree appealed from adjudged that Appellant’s written contract with Appellee effectively waived Appellant’s right to file a lien under the provisions of Section 84.26, Florida Statutes, 1961, F.S.A. Such waiver is a valid and effective provision in the contract between the parties. See Jowein, Inc. v. Sudy Realty Corp. of Florida, et al., Fla., 73 So.2d 227.

The decree appealed from is affirmed.

SMITH, C. J., WHITE, J., and MELVIN, WOODROW, Associate Judge, concur.

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  • Orlando Cent. Park, Inc. v. Master Door Co. OF Orlando, Inc., 303 So. 2d 685 (Fla. 4th DCA 1974)
    …rvices or materials. * * * ” Since the legislature has expressly provided for the waiver of liens, the waiver provision in the subcontract violates no public policy considerations. See Greco-Davis Contracting Company v. Stevmier, Inc., Fla.App.1964, 162 So. 2d 285; and other cases at Annot.: Mechanic’s Lien — Provision Against, 76 A.L.R.2d 1087 (1961). Of course, if the terms of the contract are ambiguous, the doubt is resolved against a waiver. But if it clear that a waiver was intended, the contract is cons…

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