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Can ready mix company lien property if they never poured anything on the job?

We are a concrete contractor and ordered load of concrete. However, the truck got stuck and my husband (the contractor) tried calling someone above the truck driver several times and no response. Long story short, the truck driver called dispatched, dispatched called a tow truck and the truck was removed 6 hrs later. Now, the ready mix company is wanting us to pay for the load and filed an intent to lien on the property. We ended up using another ready mix company for the job due to poor customer service. Therefore, can they lien the property if they never poured the job? No signed ticket either. Job Location: Defuniak Springs, FL

2 replies

Apr 14, 2020

Generally, in order for a mechanics lien to be an appropriate remedy for a material supplier, the materials must be incorporated into the project. This means that if the materials are not actually used as part of the permanent improvement of the property, a mechanics lien is not allowed. There are some exceptions to this rule for "specially fabricated materials" that are made specifically for an individual project and are not able to be used for a different project. These general rules apply in Florida. In Florida, "materialmen" are entitled to mechanics lien protection, and Florida statutes define “Materialman” as "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. However, in order for furnishing materials to be lien-able, in Florida, the materials must be 1) incorporated into the project (including normal wastage), or 2) specially fabricated for the particular project, if not ultimately incorporated into the improvement. Delivery to the worksite constitutes prima facie evidence that the materials were ultimately incorporated, but in the event that the materials never made it to the job site, a mechanics lien is likely not the appropriate remedy.

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Apr 15, 2020

The ready mix truck made it just barely on site and became stuck. We offered to buggy the load but no one within Ready Mix USA would call my husband back. Therefore, the load was lost. Would there still be any recourse or no in this particular event?

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