[CLC-Discussion] Supplier Finance Company Lien Rights

[RPPTL CLC-Discussion]

IMHO, seems to me the fundamental question is whether the financer takes title to the goods, and resells them. If so, seems to me they’d be like any other supplier who buys from a manufacturer, or supply wholesaler, or the like and then resells them at a profit. I agree that makes them a materialman with lien rights. If they are only financing the purchase, and are not in the “chain of title” then they are lenders rather than suppliers, with no lien rights.

 

Regards,

Langfred W. White, Esquire

Board Certified in Construction Law

 

  

 

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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 4:15 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Supplier Finance Company Lien Rights

 

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. 

 






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