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

Thu May 31 14:02:29 PDT 2012

I concur.  Also, the  “fabricator” may be a Materialman if they are not installing the shutters in which case your client is out of the box because they do not meet the definition of a Lienor either as a Subcontractor or Materialman.

Since your client supplies no labor, they can only possibly be a Materialman.  However, they did not supply their materials “on” the site of the improvement or “for direct delivery” since fabrication would seem to kill that position.  What’s left is the “specially fabricated” exception to delivery to qualify.   Without something making the aluminum unique to the particular project such as color or some other quality, perhaps a particular finish or dimension that is somehow unusual, I think you would be dead in the water.  Just keeping track of where it goes is not going to be enough.

Timothy R. Moorhead, Esq.

Wright, Fulford, Moorhead & Brown, P.A.

505 Maitland Avenue

Suite 1000

Altamonte Springs, FL 32701

(407) 425-0234

(407) 425-0260 (fax)

Board Certified in Construction Law

tmoorhead at wfmblaw.com

www.wfmblaw.com

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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 tofabricator'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

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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

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