Our company supplies fabricated materials to job sites for others to install. Are there laws that protect material suppliers that incur costs prior to "ship date"? We generally have engineering costs, material costs, fabrication labor costs, etc... We have not prepared the preliminary paperwork through Levelset yet, as the dates pertain to "ship date" rather than "in-house labor" start date, or "material received" date, etc... We were awarded a project and we began the process of engineering and fabrication. We billed the customer for those costs and have not received payment. The project may now be cancelled. 1) Can we still submit preliminary paperwork and prepare for a lien even though materials have not shipped yet? 2) What other options do we potentially have?
I agree with the posted reply. Bottom line: whether or not you have lien rights in this context, you of course have a breach of contract claim, and thanks to recently enacted changes in IL law, you may also have a claim under Section 13.5 of the Wage Payment and Collection Act (820 ILCS 115/13.5) effective July 1, making primary contractors liable for payments due to employees of subcontractors on Illinois private construction projects. Best of luck!
Thank you for your response. I will relay this information to our President and CEO.
We appreciate you taking the time to provide helpful insight and possible solutions.
Sinscerely,
Lisa Snyder, Office Manager, CEI Materials