What to do if a supplier is threatening to lien my customer’s property for the cost of materials but they were the wrong materialsand could not be returned?

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What to do if a supplier is threatening to lien my customer’s property for the cost of materials but they were the wrong materialsand could not be returned?

I am a contractor who is being threatened by a material supplier to lien a customer’s home unless he is paid for materials delivered to the property. These particular materials were spec’d out by the supplier for the job. Wound up that they were the wrong materials and the supplier took them back. However supplier is claiming this was a special order and not refundable. So now the supplier has the materials and wants me to pay for them or will lien my customer?

Asked on July 21, 2011 Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are the general contractor on the project for your client, the property owner. The property owner has a contract with you to do the job as a licensed professional. You ordered the material for the job, it came, was rejected and returned because they were the wrong materials.

Hopefully you can document with paperwork the material was wrong for the project as the result of the supplier's error, not yours. If the error was yours, you need to make good with the supplier to prevent a lien on your customer's property which would not make your relationship with him or her pleasant.

If the supplier made the error, you need to make every effort to show the error by the supplier to prevent a lien from being recorded on the property where the work of improvement is taking place. This includes consulting with a construction lawyer knowledgeable in pre-lien and lien procedures for works of improvements.

If the supplier took back the material, you would think that taking the items back by the supplier indicates that the wrong materials were sent originally.

 


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