Legal Question in Construction Law in Florida
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.
2 Answers from Attorneys
There is no retainage unless it is required by your contract. Look for payment terms in your contract.
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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