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

[Gibbons, Michael]

Need to make sure that fabricator is responsible for installing the shutters (i.e., a subcontractor)  as well as supplying them to the jobsite so that your client has lien rights and is not a supplier to a supplier without lien rights.  Take a look at the definition of “materialman” at 713.01 as there may be an issue there as well on your facts.

Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com>
website: http://www.lowndes-law.com<http://www.lowndes-law.com/>

        [cid:image003.jpg at 01CD3F3F.FAF34970]

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Andrea Fair
Sent: Thursday, May 31, 2012 2:44 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] question re: supplier furnishing materials to fabricator's warehouse

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
▬▬▬▬▬▬▬▬▬▬▬▬
FAIR•LAW•PLLC
▬▬▬▬▬▬▬▬▬▬▬▬
13046 Racetrack Road #236
Tampa, FL 33626
(813) 412-1077 phone
(877) 879-4990 fax
www.fairconstructionliens.com<http://www.fairconstructionliens.com>

[cid:image001.jpg at 01CC8816.941390B0]



The contents of this e-mail message and any attachments are intended solely for the addressee(s) named in this e-mail message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this e-mail message, or if this e-mail message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this e-mail message and its attachments. Do not deliver, distribute or copy this e-mail message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments.

This email message has been delivered safely and archived online by Mimecast.  For more information please visit http://www.mimecast.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20120531/781cae07/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 4899 bytes
Desc: image004.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20120531/781cae07/image004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 2865 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20120531/781cae07/image003.jpg>