NCS Construction Services Group – Tip #60: Supplying Specially Fabricated Materials

Do you supply specially fabricated materials? Beware: Some states have special notice requirements for those providing specially fabricated materials to a project:

• Florida – serve preliminary notice prior to or within 45 days from the date fabrication begins.
• Massachusetts (Public only) – a notice may be served upon the prime contractor within 20 days from receiving final written approval for such materials.  Serving the notice will protect the right to serve a bond claim even if the materials are not incorporated into the project.
• Texas – serve a Notice of Specially Fabricated Materials upon the prime contractor no later than the 15th day of the second month in which claimant received and accepted the order. Sending this notice may protect the right to serve a lien or bond claim if the materials are not incorporated into the project.

With the exception of the above, should an order for specially fabricated materials be cancelled, it is recommended to seek legal advice. Statutes vary as to whether or not a lien or bond claim is available when specially fabricated materials are not incorporated into the project.