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.

Most Recent Resources


Will Safe Harbor Ever Exist for Florida UCC Filings? Zero Tolerance

Safe Harbor couldn't save this UCC. Florida's 'zero tolerance' policy means you must strictly comply with Article 9-503(a). Learn more here!
Read More
lien index
Lien Index

NCS Credit Lien Index 2022 Q4

The Lien Index increased 3 points in Q4 2022 to 47, a 7% increase over Q3 2022 and 34% increase year over year. Throughout the last year, economists warned of the toll of high interest rates and possibility of recession, and we are now beginning to see significant signs of slowdown ahead.

Read More

2023 CRF November Forum

Register for the 2023 CRF November Forum hosted by The Credit Research Foundation in Rancho Mirage, CA.
Read More