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immunity resulted in the destruction of materialman liens held by
However, it is not always easy to distinguish a subcontractor from a materials supplier (sometimes referred to as a "materialman").
(20) "Contractor" means a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it, or who takes over from a contractor as so defined the entire remaining work under such contract.
He was president of the Commercial Law League of America in 2011-2012, has been a regular speaker at CLLA groups and continues to serve as one of the editors for the NACM's Manual of Credit and Commercial Laws chapters related to materialman's liens and construction bonds.
in most cases do not have continuing control over or involvement with the maintenance of the improvement after its initial construction,"' but a "'materialman provides manufactured goods and should be held accountable under the general tort rules governing liability for defects in those products.'" (73)
A materialman's, mechanic's or other involuntary lien should not trigger full recourse liability as borrowers may have a good faith dispute with a laborer who files a lien against the property.
The Court so held in a series of Depression-era cases under the Frazier-Lemke Act (396) and in a later decision involving the abrogation of a materialman's lien (397) and more recently reaffirmed these holdings.
von Kalenbach of Young deNormandie PC in Seattle filed a lawsuit against Alcoa seeking to foreclose on materialman's lien on the property.
But it wasn't, which could subject the contractors to criminal penalties under the state's "Defrauding a Materialman" statute:
It is also called a materialman's lien or supplier's lien when referring to those supplying materials, a laborer's lien when referring to those supplying labor and a design professional's lien when referring to architects or designers who contribute to a work of improvement.
1955) (holding that a materialman may sue as third party beneficiary on a payment bond because bond's primary purpose was payment of materialmen); Waterway Terminals Co.