Home>Levelset Community>Legal Help>'First providing labor or materials'--which date ? For materials, is the 'first providing date' the date the construction materials begin fabrication; the date the finished materials are sent to the job site; the date the materials are received at the job site; the first time they are incorporated into the real property; or some other date ?
'First providing labor or materials'--which date ? For materials, is the 'first providing date' the date the construction materials begin fabrication; the date the finished materials are sent to the job site; the date the materials are received at the job site; the first time they are incorporated into the real property; or some other date ?
Contractor that also fabricates its own construction materials.
*This is a general question, not State specific*
1 reply
Jan 25, 2019
That's an excellent question, and it's one that could vary state by state to some degree. Generally speaking, first furnishing date will refer to the date when the materials are first delivered to the job site. Of course, with specially fabricated materials in play, some of these timeframes get a little fuzzy - after all, the first delivery date for a specialty fabricated materials provider will occur after they have put a significant amount of work toward the project, unlike other material suppliers. Whats more, when specialty materials are fabricated, they're not easily usable on other jobs - adding to misfortune when payment disputes do take place. While notice may be sent based on when the materials are actually delivered (again - that varies by state, so no blanket rule will soundly apply), it may behoove a fabricator to send preliminary notice (or a project awareness letter) right when their work begins in addition to when it is delivered. In such a scenario, the typical benefits of preliminary notice available to other parties (like subs and traditional suppliers) are secured - visibility and communication are improved on the site. Plus, if notice is also send based on when materials are furnished or when notice is otherwise required, conceivably, the notice will still be effective to preserve lien rights. Finally, it's also worth noting that in many states, claimants are able to send preliminary notice prior to when the notice is actually due - and in those situations, the decision on when to send notice might be a lot easier. If you have specific states in mind, feel free to come back to the Construction Legal Center and ask about those specific states!