I just had a conversation with one of our sales people and learned we have a customer that is not providing accurate job site info. They will order from us and give us one Walmart location but then take that product and actually use it at a different Walmart location as they see fit. Are we covered because we filed what they provided or are we out of luck because we did not file the correct install address?
Hello,
That is a serious matter. If the time to file the affidavit claiming lien has not passed, you may file an amended lien with the correct property address. If it goes to court, there is some likelihood that the lien may be declared invalid.
The contractor is going to have some serious liability for misleading you all as to the jobsite address.
E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com
The legal analysis would start with a review of your contract with the customer, and then extend to any communications which have occurred, and to your position relative to the construction project, and the types of materials/equipment you have provided, and to the type of project (commercial vs. residential).
You may still be timely for submitting corrected notices of non-payment and/or funds trapping. You may also be timely for submitting a claim against the project's ten percent retainage.
Retain a construction attorney to evaluate your legal rights and to provide advice.
Good luck.