[RPPTL-constructionlaw] Lien Law Query

[Larry Leiby]

If the supplier is not selling for a particular project the supplier Is not a materialman within the definition of 713.01(19).  The documentation must show that the materials are at least purchased for "direct delivery to the site" if not delivered to the site.  If materials are ordered for stock, and just happen to make it to the site, the definition of materialman is not met.

Assuming that the materials are at least ordered for direct delivery to the site, when someone makes a payment the payor is entitled to a release.  The form of the release may be an issue.  However even  if payment is only  a deposit with no materials yet delivered, the supplier should have no valid reason to fail to issue a partial release in the statutory form.

Lee offers a good suggestion about a dec complaint being suggested. In addition, or in the alternative, one could show to the other side (and if necessary file) an action for mandamus.


Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL  33323
Phone:  954-514-0984
Fax:      954-514-0985

e-mail:  leiby at mkpalaw.com

Board Certified in Construction Law
Certified Circuit Court Civil Mediator
Fellow, College of Commercial Arbitrators


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@verolaw.com>

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