[CLC-Discussion] Lien rights for non-conforming goods?
Steve Thompson
sthompson at thompsonbrookslaw.com
Tue Aug 9 11:55:45 PDT 2016
Because as between 2 innocent parties, the supplier who didn't know the spec
was wrong, and the owner, whose contractor screwed up, the legislature has
elected to allocate the risk to the owner?
Steven F. Thompson, Esq.
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From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Timothy
R. Moorhead
Sent: Tuesday, August 09, 2016 2:27 PM
To: Ed Kinberg; 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 am going with Michael on this one. The GC used the wrong specification.
If the owner contracted for a tile roof, why would he be liable for shingles
that were specially fabricated due to a contractor error?
Timothy R. Moorhead, Esq.
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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.
<http://uslegalteam.com>
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From: 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>; 'Randall Gilbert'
<rgilbert at theconstructionlawyers.com>; 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.
Reese J. Henderson, Jr. | Shareholder
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Florida Supreme Court Certified Circuit Civil Mediator
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[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
Subject: Re: [CLC-Discussion] Lien rights for non-conforming goods?
Per 713.06(1), the answer appears to be “no”.
Michael R. Gibbons ( <http://lowndes-law.com/our-people/michael-r-gibbons>
Bio)
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From: 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
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?
Sincerely yours,
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Hollywood, FL 33020
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