[CLC-Discussion] Resurrecting Lien Rights After 1st Furnishing

[Robert Worman]

CLC Members:

Help. Client still negotiating with contractor on subcontract for fabrication and installation of products on project. No signed contract. Goes ahead and shipped to the project a minor amount of materials (not specially fabricated, not that it matters for this problem).  Now past the 45 days and forgot to serve NTO. No payment bond on job.

Can lien rights be resurrected?

My suggestion, for which I would appreciate anyone chiming in, was as follows, understanding it is probably a crap shoot:


  1.  Make sure to delete from the Scope of Work for the Subcontract, now ready for signing, the materials already furnished.
  2.  Separately invoice the contractor for those materials.
  3.  Obtain payment from the contractor for those materials and in return provide contractor with Waiver and Release of Lien Upon Final Payment, with delivery of same to owner.
  4.  Execute the Subcontract.
  5.  Serve an NTO and pray this works.
  6.  If possible, and may try to do this, get owner to acknowledge the W&R Upon Final Payment for the previously furnished materials, and agree that the NTO as served was timely.

Regards,

Robert B. Worman
Worman & Sheffler, P.A.
2707 West Fairbanks Avenue
Suite 200
Winter Park, FL 32789
407 843-5353
rworman at wormanlaw.com<mailto:rworman at wormanlaw.com>
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