Goldschmidt v. Cooper

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a pay-if-paid provision “has the same practical effect as an express waiver of [mechanic’s lien] rights”
• declining to adopt public policy rationale in light of state's long tradition of freedom of contract
• discussing statutory forms for lien waiver provisions that do not violate public policy if the waiver is “in conjunction with payment, or a promise of payment”
• “We conclude that pay if paid provisions ... are contrary to the public policy of this state and therefore unenforceable because they effect an impermissible indirect waiver or forfeiture of the subcontractors’ constitutionally protected mechanic’s lien rights — ”

Source: CourtListener parenthetical corpus (CC0).