[CLC-Discussion] Lien rights for non-conforming goods?
Fred Dudley
dudley at mylicenselaw.com
Wed Aug 10 05:31:16 PDT 2016
Well stated, Steve!
Fred R. Dudley, Managing Member
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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Steve Thompson
Sent: Tuesday, August 09, 2016 3:07 PM
To: 'Timothy R. Moorhead' <tmoorhead at wfmblaw.com>; 'Ed Kinberg' <EJK at uslegalteam.com>; 'Reese J. Henderson, Jr.' <Reese.Henderson at gray-robinson.com>; '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?
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?
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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 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<mailto: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> [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<mailto: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
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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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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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