[CLC-Discussion] question re: supplier furnishing materials to fabricator's warehouse

[Andrea Fair]

I have a client who is a supplier.  He furnishes aluminum to a fabricator at the fabricator’s warehouse.  After the aluminum is fabricated into hurricane shutters, the materials are then delivered to various jobsites for incorporation into the improvements.  My client hasn’t been paid so, for all future deliveries, I have prepared an Affidavit for the fabricator to sign, testifying where the materials are going, who he has a contract with, who the GC is, who the owner is, and attaching the NOC.  He also knows he will need to monitor the situation to make sure the materials are actually delivered to and incorporated into the improvements (assuming the exception re: specially fabricated materials doesn’t apply).  However, for the materials my client has already furnished and which have already been fabricated and incorporated into the improvements, is there any method or mechanism to demand that information from the fabricator so my client can possibly preserve his lien rights, serve a NTO, record a lien, etc.?  I know I can sue the fabricator and get the info via discovery but that will take too long for purposes of trying to preserve lien rights.  Thank you all for your input.  -Andrea


Andrea M. Fair-Purcell
Board Certified Construction Attorney
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FAIR•LAW•PLLC
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13046 Racetrack Road #236
Tampa, FL 33626
(813) 412-1077 phone
(877) 879-4990 fax
www.fairconstructionliens.com<http://www.fairconstructionliens.com>

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