[CLC-Discussion] Supplier Finance Company Lien Rights

[RPPTL CLC-Discussion]

We have a general contractor client whose sub on a project has been something of a nightmare. One of the ways they have been a nightmare, we believe, is that they have engaged a company to buy materials for them.

That company is not the supplier itself, and all indications are that that company is not either a labor provider or subcontractor. Instead, they purchase the materials and allow the sub to pay them back over 120 days rather than having to pay immediately for the materials purchased. Of course, there’s probably some interest in that transaction.

My question: does this finance company have lien rights, assuming they otherwise comply with the notice provisions required by law?

Thanks.

Anthony D.​
 Lehman
Partner
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