[CLC-Discussion] Lien rights for non-conforming goods?

Tue Aug 9 11:12:43 PDT 2016

This was one of the issues discussed during the CLI presentation on fixing what’s wrong with the lien law.  The language “in accordance with” in 713.06(1) is the problem, as it does not specify whether it’s scope, specs, terms, or all of them, and surprisingly no cases exist on point.   This should be clarified.

Brad R. Weiss, Esq.|BENSON, MUCCI & WEISS PL
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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Ed Kinberg
Sent: Tuesday, August 09, 2016 2:03 PM
To: Reese J. Henderson, Jr.; 'Gibbons, Michael'; 'Randall Gilbert'; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien rights for non-conforming goods?

I agree with Reese.  If the manufacturer had not role in the error, i.e. they were made to the requested spec, it will have lien rights.

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Tuesday, August 09, 2016 1:36 PM
To: 'Gibbons, Michael' <Michael.Gibbons at lowndes-law.com<mailto:Michael.Gibbons at lowndes-law.com>>; 'Randall Gilbert' <rgilbert at theconstructionlawyers.com<mailto:rgilbert at theconstructionlawyers.com>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Lien rights for non-conforming goods?

My friend Michael is incorrect.  See § 713.01(13); see also Aquatic Plant Management, Inc. v. Paramount Engineering, Inc., 977 So.2d 600 (Fla. 4th DCA 2007).  Assuming, of course, the windows really were specially fabricated for this project.

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Tuesday, August 09, 2016 1:19 PM
To: 'Randall Gilbert'; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Lien rights for non-conforming goods?

Per 713.06(1), the answer appears to be “no”.

Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>)
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email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com>
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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Randall Gilbert
Sent: Tuesday, August 09, 2016 12:11 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Lien rights for non-conforming goods?

1.    OWNER contracts with GC for installation of Windows.

2.    GC orders windows from MANUFACTURER/MATERIALMAN.

3.    MANUFACTURER specially fabricates Windows and delivers same to OWNER’S house.

4.    Assume the windows are manufactured exactly how the GC ordered them, but that the GC provided incorrect specifications to the MANUFACTURER.

5.    Upon delivery, OWNER fires GC.

6.    OWNER further advises MANUFACTURER that the windows are all the wrong dimensions and wrong energy ratings (in other words non-conforming goods that do not conform with the plans).

7.    The Windows have not been installed.

8.    Based on the above facts, does the MANUFACTURER/MATERIALMAN have lien rights against the OWNER for non-conforming goods?

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