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.
Anthony D.
Lehman
Partner
[https://dl.dropbox.com/s/hn1p7c1j6hg95nr/hlpw-logo-e-mail-sig.png]https://www.hlpwlaw.com/
Licensed in Georgia, Florida, and Alabama
Florida Bar Board Certified in Construction Law
Hudson Lambert Parrott Walker, LLChttps://www.hlpwlaw.com/
3575 Piedmont Road
Suite 850
Atlanta, GA 30305https://www.hlpwlaw.com/locations#atlanta
t: 678-701-2860tel:678-701-2860
m: 404-579-9795tel:404-579-9795
e: alehman@hlpwlaw.commailto:alehman@hlpwlaw.com
hlpwlaw.comhttps://www.hlpwlaw.com/
[cid:image001.jpg@01D80E18.E59EC060]https://www.hlpwlaw.com/news/for-the-third-consecutive-year-hlpw-ranked-among-elite-in-construction-industry-law-firm-rankings
Please update your records to reflect our new firm name and email addresses.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
Based on the below definition of a “materialman” at Fla. Stat. s. 713.01(20), it appears that the company in question would qualify as the supplier to a subcontractor. Unfortunately, the Owner may also be liable for the perhaps high interest rate being charged by the supplier if it is reflected in the contract terms with the sub.
“Materialman” means 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.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Bio<lowndes-law.com/people-detail/client/Michael-Gibbons> | vCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64
[cid:image001.png@01D80E1B.5D073950]
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 4:15 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Supplier Finance Company Lien Rights
CAUTION: THIS IS AN EXTERNAL EMAIL
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
[https://dl.dropbox.com/s/hn1p7c1j6hg95nr/hlpw-logo-e-mail-sig.png]https://protect-us.mimecast.com/s/dhluC5y17rC0WzxouOE6sJ/
Licensed in Georgia, Florida, and Alabama
Florida Bar Board Certified in Construction Law
Hudson Lambert Parrott Walker, LLChttps://protect-us.mimecast.com/s/dhluC5y17rC0WzxouOE6sJ/
3575 Piedmont Road
Suite 850
Atlanta, GA 30305https://www.hlpwlaw.com/locations#atlanta
t: 678-701-2860tel:678-701-2860
m: 404-579-9795tel:404-579-9795
e: alehman@hlpwlaw.commailto:alehman@hlpwlaw.com
hlpwlaw.comhttps://protect-us.mimecast.com/s/dhluC5y17rC0WzxouOE6sJ/
[cid:image004.jpg@01D80E1A.D64D7A50]https://www.hlpwlaw.com/news/for-the-third-consecutive-year-hlpw-ranked-among-elite-in-construction-industry-law-firm-rankings
Please update your records to reflect our new firm name and email addresses.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
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When the materials are delivered, how do they get there? In other words, is this financing entity actually in possession of the materials and arrange for delivery, or do they stay at the supply house and get delivered directly from there?
Bruce Partington | Shareholder
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttp://clarkpartington.com/
[cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg]
[cid:Facebook_55598884-7995-4d93-92d3-5101d580d70c.png]https://www.facebook.com/ClarkPartington/ [cid:LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png] https://www.linkedin.com/company/2250553/admin/ [cid:Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png] https://twitter.com/ClarkPartington [cid:Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png] https://www.instagram.com/clarkpartington/
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 3:33 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Supplier Finance Company Lien Rights
Based on the below definition of a “materialman” at Fla. Stat. s. 713.01(20), it appears that the company in question would qualify as the supplier to a subcontractor. Unfortunately, the Owner may also be liable for the perhaps high interest rate being charged by the supplier if it is reflected in the contract terms with the sub.
“Materialman” means 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.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://link.edgepilot.com/s/d5fdff41/1n1vJ8BZyECPPL5V0JgEuQ?u=http://lowndes-law.com/ | Biohttps://link.edgepilot.com/s/0590b8ca/oFCv0SV8XEKA0Yizp2HhAg?u=http://lowndes-law.com/people-detail/client/Michael-Gibbons | vCardhttps://link.edgepilot.com/s/ad0b9fcf/JdD0os7jWU6v1MGmHNv7NA?u=https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64
[cid:image001.png@01D80E16.1EEC9480]
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 4:15 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Supplier Finance Company Lien Rights
CAUTION: THIS IS AN EXTERNAL EMAIL
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
[https://dl.dropbox.com/s/hn1p7c1j6hg95nr/hlpw-logo-e-mail-sig.png]https://link.edgepilot.com/s/ed25dc8d/lXkc5NxaC0i0nGtqsubx5g?u=https://protect-us.mimecast.com/s/dhluC5y17rC0WzxouOE6sJ/
Licensed in Georgia, Florida, and Alabama
Florida Bar Board Certified in Construction Law
Hudson Lambert Parrott Walker, LLChttps://link.edgepilot.com/s/ed25dc8d/lXkc5NxaC0i0nGtqsubx5g?u=https://protect-us.mimecast.com/s/dhluC5y17rC0WzxouOE6sJ/
3575 Piedmont Road
Suite 850
Atlanta, GA 30305https://link.edgepilot.com/s/31f04901/8U5fQOIk6E2xuR-NFjyODQ?u=https://www.hlpwlaw.com/locations%23atlanta
t: 678-701-2860tel:678-701-2860
m: 404-579-9795tel:404-579-9795
e: alehman@hlpwlaw.commailto:alehman@hlpwlaw.com
[cid:image002.jpg@01D80E16.1EEC9480]https://link.edgepilot.com/s/e7f543d9/zZXXi2LAjk2PAs7VcAw3Aw?u=https://www.hlpwlaw.com/news/for-the-third-consecutive-year-hlpw-ranked-among-elite-in-construction-industry-law-firm-rankings
Please update your records to reflect our new firm name and email addresses.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
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[v4.30]
Announcing the formation of Tritt Bros. Pawn & Factoring Supply Co.
Sent from my iPhone
On Jan 20, 2022, at 4:56 PM, RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org wrote:
When the materials are delivered, how do they get there? In other words, is this financing entity actually in possession of the materials and arrange for delivery, or do they stay at the supply house and get delivered directly from there?
Bruce Partington | Shareholder
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttp://clarkpartington.com/
[cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg]
[cid:Facebook_55598884-7995-4d93-92d3-5101d580d70c.png]https://www.facebook.com/ClarkPartington/ [cid:LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png] https://www.linkedin.com/company/2250553/admin/ [cid:Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png] https://twitter.com/ClarkPartington [cid:Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png] https://www.instagram.com/clarkpartington/
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 3:33 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Supplier Finance Company Lien Rights
Based on the below definition of a “materialman” at Fla. Stat. s. 713.01(20), it appears that the company in question would qualify as the supplier to a subcontractor. Unfortunately, the Owner may also be liable for the perhaps high interest rate being charged by the supplier if it is reflected in the contract terms with the sub.
“Materialman” means 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.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://link.edgepilot.com/s/d5fdff41/1n1vJ8BZyECPPL5V0JgEuQ?u=http://lowndes-law.com/ | Biohttps://link.edgepilot.com/s/0590b8ca/oFCv0SV8XEKA0Yizp2HhAg?u=http://lowndes-law.com/people-detail/client/Michael-Gibbons | vCardhttps://link.edgepilot.com/s/ad0b9fcf/JdD0os7jWU6v1MGmHNv7NA?u=https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64
[cid:image001.png@01D80E16.1EEC9480]
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 4:15 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Supplier Finance Company Lien Rights
CAUTION: THIS IS AN EXTERNAL EMAIL
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
[https://dl.dropbox.com/s/hn1p7c1j6hg95nr/hlpw-logo-e-mail-sig.png]https://link.edgepilot.com/s/ed25dc8d/lXkc5NxaC0i0nGtqsubx5g?u=https://protect-us.mimecast.com/s/dhluC5y17rC0WzxouOE6sJ/
Licensed in Georgia, Florida, and Alabama
Florida Bar Board Certified in Construction Law
Hudson Lambert Parrott Walker, LLChttps://link.edgepilot.com/s/ed25dc8d/lXkc5NxaC0i0nGtqsubx5g?u=https://protect-us.mimecast.com/s/dhluC5y17rC0WzxouOE6sJ/
3575 Piedmont Road
Suite 850
Atlanta, GA 30305https://link.edgepilot.com/s/31f04901/8U5fQOIk6E2xuR-NFjyODQ?u=https://www.hlpwlaw.com/locations%23atlanta
t: 678-701-2860tel:678-701-2860
m: 404-579-9795tel:404-579-9795
e: alehman@hlpwlaw.commailto:alehman@hlpwlaw.com
hlpwlaw.comhttps://link.edgepilot.com/s/ed25dc8d/lXkc5NxaC0i0nGtqsubx5g?u=https://protect-us.mimecast.com/s/dhluC5y17rC0WzxouOE6sJ/
[cid:image002.jpg@01D80E16.1EEC9480]https://link.edgepilot.com/s/e7f543d9/zZXXi2LAjk2PAs7VcAw3Aw?u=https://www.hlpwlaw.com/news/for-the-third-consecutive-year-hlpw-ranked-among-elite-in-construction-industry-law-firm-rankings
Please update your records to reflect our new firm name and email addresses.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.
Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.
[v4.30]
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
They won’t last.
Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
1 East Broward Blvd., Suite 1800
Ft. Lauderdale,
FL
33301
954.985.4147
954.985.4176
lweintraub@beckerlawyers.com
www.beckerlawyers.com
Connect with me on LinkedIn
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 5:11 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Supplier Finance Company Lien Rights
Announcing the formation of Tritt Bros. Pawn & Factoring Supply Co.
Sent from my iPhone
On Jan 20, 2022, at 4:56 PM, RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org> wrote:
When the materials are delivered, how do they get there? In other words, is this financing entity actually in possession of the materials and arrange for delivery, or do they stay at the supply house and get delivered directly from there?
Bruce Partington | Shareholder
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttp://clarkpartington.com/
[cid:image003.jpg@01D80E21.5FC7D130]
[cid:image004.png@01D80E21.5FC7D130]https://www.facebook.com/ClarkPartington/ [cid:image005.png@01D80E21.5FC7D130] https://www.linkedin.com/company/2250553/admin/ [cid:image006.png@01D80E21.5FC7D130] https://twitter.com/ClarkPartington [cid:image007.png@01D80E21.5FC7D130] https://www.instagram.com/clarkpartington/
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 3:33 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Supplier Finance Company Lien Rights
Based on the below definition of a “materialman” at Fla. Stat. s. 713.01(20), it appears that the company in question would qualify as the supplier to a subcontractor. Unfortunately, the Owner may also be liable for the perhaps high interest rate being charged by the supplier if it is reflected in the contract terms with the sub.
“Materialman” means 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.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://link.edgepilot.com/s/d5fdff41/1n1vJ8BZyECPPL5V0JgEuQ?u=http://lowndes-law.com/ | Biohttps://link.edgepilot.com/s/0590b8ca/oFCv0SV8XEKA0Yizp2HhAg?u=http://lowndes-law.com/people-detail/client/Michael-Gibbons | vCardhttps://link.edgepilot.com/s/ad0b9fcf/JdD0os7jWU6v1MGmHNv7NA?u=https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64
[cid:image008.png@01D80E21.5FC7D130]
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 4:15 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Supplier Finance Company Lien Rights
CAUTION: THIS IS AN EXTERNAL EMAIL
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
[https://dg01.redatatech.com/onprem_image_fetch?dep=5yUGVcd0nqL%2FhYdSgzO%2BXw%3D%3DrBjavGEwWuxeRM0Cfo8UHBCVgXahw6H7kMvrM7fgBC4%2Frkp0hYgZqalpOg5TQiFgMPQdKhVcrI%2BJNDe0Q5gqBQyT%2BXqxHEJzqsgRdpjuOEUt5p6iRXfW31CJtSKbWix9z%2FNpHgp4ckzPlZoFw7w0%2BLls4Zsf3jhlkV]https://link.edgepilot.com/s/ed25dc8d/lXkc5NxaC0i0nGtqsubx5g?u=https://protect-us.mimecast.com/s/dhluC5y17rC0WzxouOE6sJ/
Licensed in Georgia, Florida, and Alabama
Florida Bar Board Certified in Construction Law
Hudson Lambert Parrott Walker, LLChttps://link.edgepilot.com/s/ed25dc8d/lXkc5NxaC0i0nGtqsubx5g?u=https://protect-us.mimecast.com/s/dhluC5y17rC0WzxouOE6sJ/
3575 Piedmont Road
Suite 850
Atlanta, GA 30305https://link.edgepilot.com/s/31f04901/8U5fQOIk6E2xuR-NFjyODQ?u=https://www.hlpwlaw.com/locations%23atlanta
t: 678-701-2860tel:678-701-2860
m: 404-579-9795tel:404-579-9795
e: alehman@hlpwlaw.commailto:alehman@hlpwlaw.com
hlpwlaw.comhttps://link.edgepilot.com/s/ed25dc8d/lXkc5NxaC0i0nGtqsubx5g?u=https://protect-us.mimecast.com/s/dhluC5y17rC0WzxouOE6sJ/
[cid:image009.jpg@01D80E21.5FC7D130]https://link.edgepilot.com/s/e7f543d9/zZXXi2LAjk2PAs7VcAw3Aw?u=https://www.hlpwlaw.com/news/for-the-third-consecutive-year-hlpw-ranked-among-elite-in-construction-industry-law-firm-rankings
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Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.
[v4.30]
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.orgmailto:CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussionhttp://mailman.fsr.com/mailman/listinfo/clc-discussion
They pay the supply house immediately and directly to take advantage of the savings that often results from immediate payment. Then they allow the sub to pay off the amount over 120 days.
Anthony D. Lehman
Partner
Licensed in Georgia, Florida, and Alabama
Florida Bar Board Certified in Construction Law
Hudson Lambert Parrott Walker, LLC
3575 Piedmont Road
Suite 850
Atlanta, GA 30305
t: 678-701-2860
m: 404-579-9795
e: alehman@hlpwlaw.com
hlpwlaw.com
Please update your records to reflect our new firm name and email addresses.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org on behalf of RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org
Sent: Thursday, January 20, 2022 4:55:19 PM
To: clc-discussion@lists.flabarrpptl.org clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Supplier Finance Company Lien Rights
When the materials are delivered, how do they get there? In other words, is this financing entity actually in possession of the materials and arrange for delivery, or do they stay at the supply house and get delivered directly from there?
Bruce Partington | Shareholder
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fclarkpartington.com%2f&c=E,1,b4mpPH9YX6-Zdo8wxsZTfsKR3cQsc8Io3jrLjfMXww_r1HR7PHQJHSX7IyQqC4WAwiqaeZ4jpeIxzLqBc6Mc74Z8B7cqRUJr5fV1osENV1qwrE0,&typo=1
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[cid:Facebook_55598884-7995-4d93-92d3-5101d580d70c.png]https://www.facebook.com/ClarkPartington/ [cid:LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png] https://www.linkedin.com/company/2250553/admin/ [cid:Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png] https://twitter.com/ClarkPartington [cid:Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png] https://www.instagram.com/clarkpartington/
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 3:33 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Supplier Finance Company Lien Rights
Based on the below definition of a “materialman” at Fla. Stat. s. 713.01(20), it appears that the company in question would qualify as the supplier to a subcontractor. Unfortunately, the Owner may also be liable for the perhaps high interest rate being charged by the supplier if it is reflected in the contract terms with the sub.
“Materialman” means 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.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2fd5fdff41%2f1n1vJ8BZyECPPL5V0JgEuQ%3fu%3dhttp%3a%2f%2flowndes-law.com%2f&c=E,1,ser9mjh9av8BhEc768MQido97PV3f-tID8_UVLnzcpwf_yT-4-9E0dZGQocSJVTLuzwoVfcZ4OC_7kFf_1dt2-Ey7C1VqYx-AuGIoo1BEw,,&typo=1 | Biohttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2f0590b8ca%2foFCv0SV8XEKA0Yizp2HhAg%3fu%3dhttp%3a%2f%2flowndes-law.com%2fpeople-detail%2fclient%2fMichael-Gibbons&c=E,1,Re81s86OvDayWnLFcf9YQeElfcHmXrjqszxHn4fOAuFr3c-IcwNGNs8MHYSfasy1FPoO_BQ5bnvsBTmvb8UNSLb8Bh4g6N67WibFSHHKeQAM0rVa7iPwiogj&typo=1 | vCardhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2fad0b9fcf%2fJdD0os7jWU6v1MGmHNv7NA%3fu%3dhttps%3a%2f%2flowndeslaw.dpmlocal.com%2fadmin%2fvcard%2fgenerate.php%3fid%3d64&c=E,1,1iqE_E-OwLKLft_vk-g2xbQumm6_qRjyAOI6m_CpTOFDnmuB2BUbFGxm-rb2PIusZqzDnflDdjAl7u6vkYEinPm36R588VGvHnB998Y8tGFlfOvm7g,,&typo=1
[cid:image001.png@01D80E16.1EEC9480]
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 4:15 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Supplier Finance Company Lien Rights
CAUTION: THIS IS AN EXTERNAL EMAIL
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
[https://dl.dropbox.com/s/hn1p7c1j6hg95nr/hlpw-logo-e-mail-sig.png]https://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2fed25dc8d%2flXkc5NxaC0i0nGtqsubx5g%3fu%3dhttps%3a%2f%2fprotect-us.mimecast.com%2fs%2fdhluC5y17rC0WzxouOE6sJ%2f&c=E,1,kyDNUbjYB94icp5Ek1bAGyF75PhMytEZu2jCfNZwmoQOO_Iw1h_7Z3zMH9teWiZZBvSNme0hJpcISq1Py0Mk8dWQJUcv-UHyEehxitFybBf8eEv-KRd4wNi-&typo=1
Licensed in Georgia, Florida, and Alabama
Florida Bar Board Certified in Construction Law
Hudson Lambert Parrott Walker, LLChttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2fed25dc8d%2flXkc5NxaC0i0nGtqsubx5g%3fu%3dhttps%3a%2f%2fprotect-us.mimecast.com%2fs%2fdhluC5y17rC0WzxouOE6sJ%2f&c=E,1,e_OpWaeLG940YHHgZ6HYs5u5PJGrt0yk4Q-NLI3_ZOo4jsqJCbmFrBwAUVRyPFxbOfFaOr3bUSfngCP_P1sFacXP0Ys9jqsl4efuG6REapgwmn-1KGo,&typo=1
3575 Piedmont Road
Suite 850
Atlanta, GA 30305https://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2f31f04901%2f8U5fQOIk6E2xuR-NFjyODQ%3fu%3dhttps%3a%2f%2fwww.hlpwlaw.com%2flocations%2523atlanta&c=E,1,-eV-n5QYgo8lH9S9ijQGH2lsRIGUgCeyXiZVpAzQ40KxXG6gFn37LNlhMD8mGWAylr_JSpmCvh2cqYtM14iwyi59Fnjhp2rfwOD3UlnMS4JuBQ,,&typo=1
t: 678-701-2860tel:678-701-2860
m: 404-579-9795tel:404-579-9795
e: alehman@hlpwlaw.commailto:alehman@hlpwlaw.com
[cid:image002.jpg@01D80E16.1EEC9480]https://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2fe7f543d9%2fzZXXi2LAjk2PAs7VcAw3Aw%3fu%3dhttps%3a%2f%2fwww.hlpwlaw.com%2fnews%2ffor-the-third-consecutive-year-hlpw-ranked-among-elite-in-construction-industry-law-firm-rankings&c=E,1,6WnOlzPqCCGYge4uSJ2dFkyQTRDTAixl4zhjVoCEDIa6bPIHCzFS05NOs_VkxEFwCzN-BZiOV3T2pmBh7OtI4n3aW4oxri9GsLIRUI-w0A,,&typo=1
Please update your records to reflect our new firm name and email addresses.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.
Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.
[v4.30]
So who stores the material or is it immediately delivered to the jobsite or subject to pick up at some later date by the sub? If the sub is picking up the materials at the supply house, then materialman is not satisfying the statutory requirement of delivery of materials to the jobsite (for non special fabricated materials)?
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttp://lowndes-law.com | Bio<lowndes-law.com/people-detail/client/Michael-Gibbons> | vCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64
[cid:image001.png@01D80E25.5C9A6230]
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 5:30 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Supplier Finance Company Lien Rights
CAUTION: THIS IS AN EXTERNAL EMAIL
They pay the supply house immediately and directly to take advantage of the savings that often results from immediate payment. Then they allow the sub to pay off the amount over 120 days.
Anthony D.
Lehman
Partner
[https://dl.dropbox.com/s/hn1p7c1j6hg95nr/hlpw-logo-e-mail-sig.png]https://www.hlpwlaw.com
Licensed in Georgia, Florida, and Alabama
Florida Bar Board Certified in Construction Law
Hudson Lambert Parrott Walker, LLChttps://www.hlpwlaw.com/
3575 Piedmont Road
Suite 850
Atlanta, GA 30305https://www.hlpwlaw.com/locations#atlanta
t: 678-701-2860tel:678-701-2860
m: 404-579-9795tel:404-579-9795
e: alehman@hlpwlaw.commailto:alehman@hlpwlaw.com
hlpwlaw.comhttps://www.hlpwlaw.com/
[HLPW Among Top 50 - Construction Executive 2021]https://www.hlpwlaw.com/news/for-the-third-consecutive-year-hlpw-ranked-among-elite-in-construction-industry-law-firm-rankings
Please update your records to reflect our new firm name and email addresses.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> on behalf of RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org>
Sent: Thursday, January 20, 2022 4:55:19 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Supplier Finance Company Lien Rights
When the materials are delivered, how do they get there? In other words, is this financing entity actually in possession of the materials and arrange for delivery, or do they stay at the supply house and get delivered directly from there?
Bruce Partington | Shareholder
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fclarkpartington.com%2f&c=E,1,b4mpPH9YX6-Zdo8wxsZTfsKR3cQsc8Io3jrLjfMXww_r1HR7PHQJHSX7IyQqC4WAwiqaeZ4jpeIxzLqBc6Mc74Z8B7cqRUJr5fV1osENV1qwrE0,&typo=1
[cid:image006.jpg@01D80E25.4ADE2180]
[cid:image007.png@01D80E25.4ADE2180]https://protect-us.mimecast.com/s/4SNMCjROYkIjywoNsRiAWr/ [cid:image008.png@01D80E25.4ADE2180] https://protect-us.mimecast.com/s/49YVCkRO2lInqR2GCQ7qO3/ [cid:image009.png@01D80E25.4ADE2180] https://twitter.com/ClarkPartington [cid:image010.png@01D80E25.4ADE2180] https://protect-us.mimecast.com/s/TeztCmZMqnc5R7y4FQDm-h/
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 3:33 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Supplier Finance Company Lien Rights
Based on the below definition of a “materialman” at Fla. Stat. s. 713.01(20), it appears that the company in question would qualify as the supplier to a subcontractor. Unfortunately, the Owner may also be liable for the perhaps high interest rate being charged by the supplier if it is reflected in the contract terms with the sub.
“Materialman” means 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.
Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600 | Ext: 1378
Emailmailto:Michael.Gibbons@lowndes-law.com | Websitehttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2fd5fdff41%2f1n1vJ8BZyECPPL5V0JgEuQ%3fu%3dhttp%3a%2f%2flowndes-law.com%2f&c=E,1,ser9mjh9av8BhEc768MQido97PV3f-tID8_UVLnzcpwf_yT-4-9E0dZGQocSJVTLuzwoVfcZ4OC_7kFf_1dt2-Ey7C1VqYx-AuGIoo1BEw,,&typo=1 | Biohttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2f0590b8ca%2foFCv0SV8XEKA0Yizp2HhAg%3fu%3dhttp%3a%2f%2flowndes-law.com%2fpeople-detail%2fclient%2fMichael-Gibbons&c=E,1,Re81s86OvDayWnLFcf9YQeElfcHmXrjqszxHn4fOAuFr3c-IcwNGNs8MHYSfasy1FPoO_BQ5bnvsBTmvb8UNSLb8Bh4g6N67WibFSHHKeQAM0rVa7iPwiogj&typo=1 | vCardhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2fad0b9fcf%2fJdD0os7jWU6v1MGmHNv7NA%3fu%3dhttps%3a%2f%2flowndeslaw.dpmlocal.com%2fadmin%2fvcard%2fgenerate.php%3fid%3d64&c=E,1,1iqE_E-OwLKLft_vk-g2xbQumm6_qRjyAOI6m_CpTOFDnmuB2BUbFGxm-rb2PIusZqzDnflDdjAl7u6vkYEinPm36R588VGvHnB998Y8tGFlfOvm7g,,&typo=1
[cid:image011.png@01D80E25.4ADE2180]
LOCAL ROOTS. BROAD REACH. SM
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 4:15 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Supplier Finance Company Lien Rights
CAUTION: THIS IS AN EXTERNAL EMAIL
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
[https://dl.dropbox.com/s/hn1p7c1j6hg95nr/hlpw-logo-e-mail-sig.png]https://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2fed25dc8d%2flXkc5NxaC0i0nGtqsubx5g%3fu%3dhttps%3a%2f%2fprotect-us.mimecast.com%2fs%2fdhluC5y17rC0WzxouOE6sJ%2f&c=E,1,kyDNUbjYB94icp5Ek1bAGyF75PhMytEZu2jCfNZwmoQOO_Iw1h_7Z3zMH9teWiZZBvSNme0hJpcISq1Py0Mk8dWQJUcv-UHyEehxitFybBf8eEv-KRd4wNi-&typo=1
Licensed in Georgia, Florida, and Alabama
Florida Bar Board Certified in Construction Law
Hudson Lambert Parrott Walker, LLChttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2fed25dc8d%2flXkc5NxaC0i0nGtqsubx5g%3fu%3dhttps%3a%2f%2fprotect-us.mimecast.com%2fs%2fdhluC5y17rC0WzxouOE6sJ%2f&c=E,1,e_OpWaeLG940YHHgZ6HYs5u5PJGrt0yk4Q-NLI3_ZOo4jsqJCbmFrBwAUVRyPFxbOfFaOr3bUSfngCP_P1sFacXP0Ys9jqsl4efuG6REapgwmn-1KGo,&typo=1
3575 Piedmont Road
Suite 850
Atlanta, GA 30305https://linkprotect.cudasvc.com/url?a=https%3a%2f%2flink.edgepilot.com%2fs%2f31f04901%2f8U5fQOIk6E2xuR-NFjyODQ%3fu%3dhttps%3a%2f%2fwww.hlpwlaw.com%2flocations%2523atlanta&c=E,1,-eV-n5QYgo8lH9S9ijQGH2lsRIGUgCeyXiZVpAzQ40KxXG6gFn37LNlhMD8mGWAylr_JSpmCvh2cqYtM14iwyi59Fnjhp2rfwOD3UlnMS4JuBQ,,&typo=1
t: 678-701-2860tel:678-701-2860
m: 404-579-9795tel:404-579-9795
e: alehman@hlpwlaw.commailto:alehman@hlpwlaw.com
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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
The Law Offices of Langfred W. White, PA
P.O. Box 8334
Clearwater, FL 33758
Email: mailto:lan@lwwhiteattorney.com lan@lwwhiteattorney.com
Phone: (727) 422-5064
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, January 20, 2022 4:15 PM
To: clc-discussion@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.
Anthony D.
Lehman
Partner
Licensed in Georgia, Florida, and Alabama
Florida Bar Board Certified in Construction Law
https://www.hlpwlaw.com/
Hudson Lambert Parrott Walker, LLC
https://www.hlpwlaw.com/locations#atlanta 3575 Piedmont Road
Suite 850
Atlanta, GA 30305
t: tel:678-701-2860 678-701-2860
m: tel:404-579-9795 404-579-9795
e: mailto:alehman@hlpwlaw.com alehman@hlpwlaw.com
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