| 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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