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List of materials in the furnish or furnished.

FloridaConstruction ContractMechanics LienPayment DisputesRight to Lien

Hello, Currently one of my clients stated that he can reserve the payment since I did not list all the materials of the job so the ones that I did not listed he doesn't have to pay.

1 reply

Nov 27, 2018
While the general short statement is that parties must be paid for all the labor or materials furnished to a job, there can be a few intricacies to consider with respect to how those amounts should or may be invoiced/billed and recovered.

Without an examination of the contract, it's unclear how specifically the furnished materials were required to be listed in any invoice or pay-app. It's always a good idea to provide clarity in billing - people don't like paying for things that they don't know about or understand they received. Whether or not every single item furnished must be listed is generally part of the agreement between the parties.

Notwithstanding the billing requirements, however, people deserve to be paid for their work and materials. The ability to file a mechanics lien to secure payment is not specifically limited by billing requirements, provided the necessary requirements for filing a lien have been met. Additionally, there are paths to recover through litigation - whether for breach of contract, or some other claim such as unjust enrichment.

Best practice in payment disputes, however, is to communicate. Open and transparent communication is the best and most straight-forward way to resolving payment issues. Let the hiring party (and property owner, if not the same person) know that you haven't been paid for the materials furnished. Work with them to show and identify the materials and see if providing a little more specific information can result in payment. If not, there are always alternatives to recover what is owed, but talking it out is a quicker, easier, and cheaper option.
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