concurring specially in the result.
[¶ 28] I concur in the result. I am of the opinion that adequate consideration is required for the waiver of a lien to be valid. 53 Am.Jur.2d Mechanics’ Liens § 289 (1996). North Dakota has not adopted the Uniform Construction Lien Act. I am also of the opinion that an *9increased expectation of payment for work performed and materials supplied is sufficient legal consideration to support a waiver of lien rights. Bialowans v. Minor, 209 Conn. 212, 550 A.2d 637, 639 (1988); Dayside Inc. v. First Judicial Dist. Court, 75 P.3d 384, 387 (Nev.2003).
[¶ 29] Hermanson signed a release of mechanic’s lien based on the representation by Brown that the release was necessary for Brown to obtain refinancing and that Hermanson would be paid thereafter from the refinancing funds. Accordingly, Hermanson received adequate consideration from Brown for the release of the mechanic’s lien.
[¶ 30] Therefore, I would affirm the judgment of the trial court.
[¶ 31] Mary Muehlen Maring.