[CLC-Discussion] is it a materialman?

[Justin Zinzow]

Good afternoon counsel.  I am interested in the take of our construction bar on the following situation.

A company supplies materials to contractors on account.  This material supply company allows the contractor to pick up its-own materials, rather than the material supply company itself delivering the materials to the jobsite.  At the time of sale of the materials by the material supply company, the jobsite is known.  Is the material supply company a materialman?

Section 713.01(21) defines a materialman as:   "any person who furnishes materials under contract to the owner, contractor, subcontractor, or sub-subcontractor on the site of the improvement or for direct delivery to the site of the improvement or, for specially fabricated materials, off the site of the improvement for the particular improvement, and who performs no labor in the installation thereof."

Thie material supply company has furnished materials to the contractor, but is it "on the site of the improvement" when the materials were not manufactured on the site?  Looking at the alternative portion of the definition, what does "direct delivery" mean?  Normal usage of the term direct suggests that the material supply company has to deliver them directly to the jobsite.  I am aware of only one published case coming even close to this issue:  Associated Distributors v. Mix, 440 So.2d 516 (Fla. 4th DCA 1983).  However, the fact pattern there was that the material supply company sold bulk materials to the contractor that could be used at contractor's discretion, or were intended to be used, on multiple different jobsites.  In my scenario, the materials were purchased by the contractor for a specific jobsite.

I welcome your thoughts.




Justin R. Zinzow
Admitted to Practice Florida & Texas
AV Preeminent(r) Rated Attorney
Fla. Board Certified in Construction Law

P: (727) 787-3121
F: (727) 375-5593
8750 Hawbuck Street
Trinity, Florida 34655
www.zinzowlaw.com
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