E. D. McGillicuddy Construction Co. v. Knoll Recreation Ass'n

Plaintiff, É. D. McGillicuddy Construction Co., Inc., appeals from a judgment which denies to plaintiff foreclosure'of its mechanic’s lien against certain units of a condominium project, and which not only denies plaintiff a personal judgment against Crocker-Citizens National Bank but awards money judgment in favor of the bank against plaintiff-as a cross-defendant. The court declared that the lien was a valid one, but that it had been waived or that plaintiff is estopped from having it enforced. Defendants Crocker-Citizens National Bank (hereafter Crocker) and Knoll Recreation Association, Inc. (hereafter KRA) appeal from that portion of the judgment which declares plaintiff’s lien to be valid.

Facts

On March 25, 1965, plaintiff agreed to construct a complex of 30 condominium units for D. M. Christensen Construction Co., Inc. (hereafter Christensen), owner and developer of a project called “The Knoll,” in San Rafael. Plaintiff was to receive costs plus 7 percent, plus an overhead allowance of $7,500, payments on account to be made in the amount of $1,800 as each unit was sold. Six buildings or “blocks” were to be constructed, each block to be a self-sufficient integer.…