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if we put goods into our facility storage at the customers request, does that change the furnishing date?

New YorkLien Deadlines

I am a supplier in OR, with a project in NY. the contractor asked us to hold their crates so we have been storing them since April. when does the first furnishing date apply? when the goods went into storage or when we actually ship them to the customer?

1 reply

Jun 23, 2020

The last furnishing date is generally the last date when labor, materials, or equipment are furnished to the project site. And, storing materials off of the project site will generally not reset the last furnishing date. Instead, being conservative with this date is a better idea. This article should be useful: What’s the ‘Date Labor or Materials Last Delivered’ and How Can I Prove It?

New York last furnishing for specially fabricated materials

If these materials were specially fabricated, the last furnishing date project might be a bit complicated, however. § 3 of the New York lien statute states that "materials actually manufactured for but not delivered to the real property, shall also be deemed to be materials furnished." So, based on that quote - if the materials were manufactured but haven't been delivered, presumably, the last furnishing date might be considered the last date when the materials were manufactured. But, if those materials are ultimately delivered, then the furnishing date would likely be considered the date when the material was delivered. In any event - assuming the date isn't reset is the safest way to proceed.

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