Hello, good morning. I was wondering if we are protected and have lien rights on the below scenario: Our client is a supply house (where we make the delivery directly to the jobsite) who sells it to the concrete contractor (sub contractor). Do we have lien rights here? Not sure
Daniel, you may have lien rights, depending on where you stand, and the scenario that is. When you say "your client," who are you in this relationship? It seems like you're the GC, but I am not certain. Generally, a material supplier to a subcontractor does have lien and bond rights under New York law. If you are the GC and you paid your subcontractor and/or his materialman, but you did not get paid by the Owner, then you may have lien rights as well, but there are many facts and circumstances that can impact this including the contract.
Hi Austin,
I am not the GC - simply a material supplier to a vendor of the Subcontractor. I guess it would make us a sub of a sub?
However, we are delivering directly to the jobsite.
Unfortunately, generally speaking, a material supplier to a vendor of a subcontractor is too far removed for lien rights. However, if there is bonding, you may have another avenue. Additionally, there are very limited exceptions, a more in depth analysis would need to be performed. Hope this was helpful. If you need further assistance, please let me know, good luck!