Owner's Right to Demand a List of Subcontractors and Suppliers

The owner may make a written request upon the contractor, by registered or certified mail, to the address provided for the contractor in the Notice of Commencement, for a list of all subcontractors and suppliers who have a contract with the contractor to furnish materials or provide services to improve the owner’s real property. The contractor is required to furnish the owner with the list of all such subcontractors and suppliers within ten (10) days after receipt of the request. If the contractor fails to comply, the contractor forfeits its right to assert a lien against the owner’s property to the extent that the owner is prejudiced by the contractor’s failure to comply, or by any omissions from the list. Since the statute uses the word “furnish” as opposed to “serve”, it is unclear as to the manner by which the calculation of the timeliness of the contractor’s response will be made when the contractor furnishes the list by means other than personal delivery of the list.

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DISCLAIMER AND CAUTION: THESE MATERIALS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED NOR SHOULD THEY BE CONSTRUED AS LEGAL ADVICE AS TO ANY PARTICULAR SET OF FACTS OR CIRCUMSTANCES. DUE TO THE COMPLEXITY OF THE CONSTRUCTION LIEN LAW STATUTES AND THE CASES INTERPRETING AND APPLYING THE STATUTES, IT IS RECOMMENDED THAT COMPETENT LEGAL COUNSEL BE CONSULTED IN REGARD TO ANY QUESTIONS AS TO THE APPLICABILITY OF CONSTRUCTION LIEN LAW TO ANY SET OF PARTICULAR FACTS.

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