We have stored materials and I'm trying to figure out if I withhold retention on the stored materials.
Hello,
Who do the materials belong to?
-Aaron
Hello again,
If the materials were purchased with project money, they are part of the project and if you have not been paid, you may have a Mechanic's Lien.
You would not have a possessory lien unless you were storing the materials at your cost.
If you are seeking retainage, that means the project is complete. In the event that you are paid for retainage, the materials become theirs. In the even that you are not paid for retainage, you may sue, get a judgment, and then "collect" on the assets you have possession of. Roughly.
-Aaron