Florida | Construction Law
Legal Question
We are a material supplier, and a contractor we have sold to is holding retainage on us because the GC is holding retainage on him. I thought that retainage did not apply to material suppliers, due to the real property nature.
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Legal Answer
There is no retainage unless it is required by your contract. Look for payment terms in your contract.
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Wagner, Vaughan & McLaughlin, P.A. 601 Bayshore Boulevard; Suite 910 Tampa, FL 33606
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Legal Answer
Whether your client can hold retainage depends on the terms of your contract. However, your contract cannot infringe on your right to file a lien. If you are unaware of what your lien rights are or how to use them to get paid, please check out http://www.theportableconstructionlawyer.com/softwares/LW_v112.zip. This link will download the trial version of Lien Wizard, a computer program that guides you step by step on how to file a claim of lien in FL. In our experience, those who have lien rights get paid first. Good luck!
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Reilly Roche LLP 600 Corporate Drive, Suite 510 Fort Lauderdale, FL 33334
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