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Resurrecting Lien Rights After 1st Furnishing

Robert Worman

Thu, Jun 29, 2017 3:58 PM

CLC Members:

Help. Client still negotiating with contractor on subcontract for fabrication and installation of products on project. No signed contract. Goes ahead and shipped to the project a minor amount of materials (not specially fabricated, not that it matters for this problem). Now past the 45 days and forgot to serve NTO. No payment bond on job.

Can lien rights be resurrected?

My suggestion, for which I would appreciate anyone chiming in, was as follows, understanding it is probably a crap shoot:

Make sure to delete from the Scope of Work for the Subcontract, now ready for signing, the materials already furnished.
Separately invoice the contractor for those materials.
Obtain payment from the contractor for those materials and in return provide contractor with Waiver and Release of Lien Upon Final Payment, with delivery of same to owner.
Execute the Subcontract.
Serve an NTO and pray this works.
If possible, and may try to do this, get owner to acknowledge the W&R Upon Final Payment for the previously furnished materials, and agree that the NTO as served was timely.

Regards,

Robert B. Worman
Worman & Sheffler, P.A.
2707 West Fairbanks Avenue
Suite 200
Winter Park, FL 32789
407 843-5353
rworman@wormanlaw.com mailto:rworman@wormanlaw.com
NOTICE:
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TAX ADVICE DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.

CLC Members: Help. Client still negotiating with contractor on subcontract for fabrication and installation of products on project. No signed contract. Goes ahead and shipped to the project a minor amount of materials (not specially fabricated, not that it matters for this problem). Now past the 45 days and forgot to serve NTO. No payment bond on job. Can lien rights be resurrected? My suggestion, for which I would appreciate anyone chiming in, was as follows, understanding it is probably a crap shoot: 1. Make sure to delete from the Scope of Work for the Subcontract, now ready for signing, the materials already furnished. 2. Separately invoice the contractor for those materials. 3. Obtain payment from the contractor for those materials and in return provide contractor with Waiver and Release of Lien Upon Final Payment, with delivery of same to owner. 4. Execute the Subcontract. 5. Serve an NTO and pray this works. 6. If possible, and may try to do this, get owner to acknowledge the W&R Upon Final Payment for the previously furnished materials, and agree that the NTO as served was timely. Regards, Robert B. Worman Worman & Sheffler, P.A. 2707 West Fairbanks Avenue Suite 200 Winter Park, FL 32789 407 843-5353 rworman@wormanlaw.com<mailto:rworman@wormanlaw.com> NOTICE: THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353 AND DELETE THIS MESSAGE. PLEASE NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A. TAX ADVICE DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN. PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.

Andrea Fair

Tue, Aug 1, 2017 10:32 PM

I need a residential fiberglass pool inspected in Clearwater (Pinellas County). Any recommendations?

Thank you!

Andrea M. Fair
Board Certified Construction Attorney
Note our New Address and Phone Number effective January 8, 2016
▬▬▬▬▬▬▬▬▬▬▬▬
FAIR•LAW•PLLC
▬▬▬▬▬▬▬▬▬▬▬▬
2519 McMullen Booth Road
#510-228
Clearwater, FL 33761
(727) 726-7009 phone
(877) 879-4990 fax
www.fairconstructionliens.com http://www.fairconstructionliens.com

[cid:image001.jpg@01CC8816.941390B0]

The contents of this e-mail message and any attachments are intended solely for the addressee(s) named in this e-mail message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this e-mail message, or if this e-mail message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this e-mail message and its attachments. Do not deliver, distribute or copy this e-mail message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments.

I need a residential fiberglass pool inspected in Clearwater (Pinellas County). Any recommendations? Thank you! Andrea M. Fair Board Certified Construction Attorney ***Note our New Address and Phone Number effective January 8, 2016*** ▬▬▬▬▬▬▬▬▬▬▬▬ FAIR•LAW•PLLC ▬▬▬▬▬▬▬▬▬▬▬▬ 2519 McMullen Booth Road #510-228 Clearwater, FL 33761 (727) 726-7009 phone (877) 879-4990 fax www.fairconstructionliens.com<http://www.fairconstructionliens.com> [cid:image001.jpg@01CC8816.941390B0] The contents of this e-mail message and any attachments are intended solely for the addressee(s) named in this e-mail message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this e-mail message, or if this e-mail message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this e-mail message and its attachments. Do not deliver, distribute or copy this e-mail message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments.