[RPPTL-constructionlaw] Lien Law Query

[Weintraub, Lee]

If the material delivery is job specific, even if not shipped directly
to the job site, you need a release from the supplier.  I would hold up
future payments to the sub until releases have been provided.  I've had
situations before where contractors refused to provide releases and I
got them by drafting a dec action complaint (the contract didn't require
releases) saying 713.06's proper payment provisions contemplate
providing releases to the owner and the uncertainty about our
entitlement to demand releases supported a dec action.  This has been a
fairly successful tactic, as everyone wants to avoid a lawsuit,
especially where the contractor can offer no legitimate explanation to
the court about why releases aren't being provided.


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Lee A. Weintraub
Board Certified Construction Lawyer
Becker & Poliakoff, P.A.
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525

954.985.4147 Phone
954.985.4176 Fax 

LWeintraub at becker-poliakoff.com 
http://www.becker-poliakoff.com


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________________________________

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Croom, Janet
Sent: Tuesday, August 16, 2011 11:54 AM
To: constructionlaw at lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Lien Law Query


Query:  Cautious GC wants to protect self/owner from material suppliers
claims.  Subs request a deposit for materials they have to buy on a
project.   GC wants release of lien from supplier.  Some subs are
resisting furnishing a release of lien from supplier, either for deposit
or for full payment to suppliers.  This issue comes up when suppliers,
in the ordinary course of business, do not ship material directly to a
specific job site at a specific address and do not have access to
information contained on a NOC.  Ex:  carpet supplier to flooring sub
who ships carpet to flooring sub under subcontractor order.  I know the
basic law on this issue, but from a practical standpoint, are any of you
running into this type of issue, and if so, what resolution are you
working out for your GC/client?  In compliance with WWAD?!, please email
me directly, and not "reply to all".  Thanks!  
 

Janet Carney Croom, Esquire

Board Certified - Construction Law 

Board Certified - Business Litigation

Collins, Brown, Caldwell, Barkett & Garavaglia, Chartered

756 Beachland Boulevard

Vero Beach, FL  32963

Telephone:  772-231-4343

Fax:  772-234-5213

jcroom at verolaw.com <blocked::mailto:jburgess at verolaw.com> 

http://www.verolaw.com <blocked::mailto:www.cbc at verolaw.com> 

 

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