Can I take those materials back if I haven’t been paid?
On this episode, we will discuss in detail the answer to one of the most common questions we receive in our construction law firm, if I’m not getting paid, take my materials back?
You need to consider the following.
The right to repossess and remove shall extend to materials whose purchase price does not exceed the amount due to the repossessing lienor. If the materials have been partly paid for, the person delivering them may repossess the materials upon refunding the part of the purchase price which has been paid. The recovery of materials under Florida’s lien law should not be considered a preferential transfer under the Bankruptcy Code and should not be voided. As well, materials on a construction site which are about to be incorporated into the realty are immune from levy, execution, or attachment by the material supplier’s creditors.
Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com.
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