Menu
Home>Levelset Community>Legal Help>Which date is last furnishing date

Which date is last furnishing date

ConnecticutLien Deadlines
Anonymous Material Supplier

Hello! We are uPVC windows and doors supplier, and we are working in 20 states all over USA. We are delivering windows under main agreement with client within few months, and if client needs something additional we sign additional agreement (or client change order) and we are delivering additional orders paid by client until project is completed. My question is regarding last delivery date, which date should be our last delivery date for Lien purposes, when we delivered main order last container or we can extend this to when we delivered last additional order paid by client? Also, how would lien deadline calculate for retainage? Thank you!

4 replies

Attorney at Kurien Oullette LLC
| 4 reviews
Dec 2, 2021
In Connecticut, all mechanics liens must be filed within 90 days of the date of last furnishing labor or materials. In your situation, providing additional materials as part of, or contemplated under, the main agreement would extend the lien deadline, at least as it relates to Connecticut. Regarding your second question, in Connecticut, the retainage is not affected by the lien deadline. As a material supplier, you have a right to file a mechanic's lien if you haven't received your retainage, up to Connecticut's lien deadline. Having said what the Connecticut law provides, please be aware that lien law varies among the States. So, as you are delivering your windows to multiple states, you would need to adhere to the lien law of each State where your windows are delivered. Generally, only windows that are incorporated in the real property may be the subject of a lien, not uninstalled windows sitting on the ground or in a truck. However, the deadline to file a valid lien varies from State to State though the deadline is clearly stated in the controlling statute. This being said, what constitutes the last provision of work, labor, or materials for purposes of triggering or extending a deadline is typically a matter of case law. Moreover, the answer can vary significantly by jurisdiction and can even vary within a state depending upon whether a bond or lien is at issue. Be apprised that, besides protection afforded under the lien law of each State, there are contractual terms and conditions, including posting a bond, that your lawyer can require in the Master Contract to ensure you are paid. These alternatives should be explored.
0 people found this helpful
Helpful
Anonymous Material Supplier
Question Author
Dec 2, 2021

Thank you for your response. Could you clarify, when selecting last furnishing date, if additional items (paid by client) with signed additional agreement are delivered after a month or later on the bulk of a project's total work should not be exluded as "not substantial" work on the project? We read this in Levelset:

Be careful when selecting your last furnishing date. A recent Connecticut decision in Constr. Ken-Nection Inc v. Cipriano leaves open the issue of whether work performed after a month and a half delay on the bulk of a project’s work should be excluded as “substantial” work on the project.  This case, which is important when calculating your Connecticut mechanics lien deadlines, was discussed in this article:  Which Work or Material to Include When Calculating A Mechanics Lien Deadline? 

For example - main order is $100,000 and additional orders are $1,000

Thank you!

0
Report Spam
Attorney at Kurien Oullette LLC
| 4 reviews
Dec 2, 2021
The answer is very fact intensive and based on the judge. The Cipriano decision that you cited illustrates this and reaffirms what I said that the outcome sometimes can only be predicted after reviewing caselaw. In your situation, there certainly is an attenuation factor. Additional material supplied a month or later could be viewed by a judge as material supplied under a new contract and does not start the clock to run on a lien deadline for the original material supplied. Again, remember that a material lien is against the real property that incorporated labor/material furnished by the supplier. If the labor/material is not "attached" to the real property, you won't be able to recover moneys owed under that lien.
0 people found this helpful
Helpful
Attorney at Eckert Seamans Cherin & Mellott LLC
| 6 reviews
Dec 2, 2021
This will differ state to state, each state is different when their time period starts from delivery. Many require a Notice of Identification when materiasl are delivered (right away) Typically, retainage date will be same as delivery date.
0 people found this helpful
Helpful