Ramos

Respondent City of Santa Clara (hereinafter City) was granted a summary judgment in its favor on the ground that appellant’s claims against the City pursuant to a construction contract were barred by a provision of the contract to the effect that acceptance of final payment under the contract released all claims. It is undisputed that such a contract provision existed and that appellant had accepted and negotiated the check for final payment, It is concluded that the complaint and documents raised no question of fact to be resolved by a trial and that summary judgment was properly granted.

Two issues are presented on this appeal. (1) Was the City precluded from asserting the defense of release or accord and satisfaction by failing to plead the defenses? (2) Was the motion for summary judgment properly granted on the ground that appellant’s acceptance of the final payment operated as a release?

Appellant is a contractor and performed work for the City under a calling for installment payments and specifically providing as follows: “26. Acceptance of Final Payment Constitutes Release. The acceptance by the Contractor of final payment shall be and shall operate as a release…