Building Code Administrators and Inspectors Florida Principle and Practice Licensure Practice Exam

Which of the following parties does not have lien rights?

1. Materialman supplying materials to a subcontractor

2. Materialman supplying materials to a sub-subcontractor

3. Engineer with a direct contract with owner

4. Materialman supplying materials to another materialman

The correct answer is: Materialman supplying materials to another materialman

The correct answer is that a materialman supplying materials to another materialman does not have lien rights. In the context of construction liens, lien rights are generally granted to those who provide labor or materials directly to a project. When a materialman supplies materials to a subcontractor or a sub-subcontractor, they are typically entitled to lien rights because they are providing goods that contribute directly to the construction project, and their contribution can be traced back to the owner of the property. In contrast, when a materialman supplies materials to another materialman, there is a layer of separation between the supplier and the actual project. The first materialman does not have a direct contract or relationship with the property owner or the general contractor, which is a primary condition for establishing lien rights. This indirect relationship means that the law does not recognize them as having the necessary claim to file a lien against the property for non-payment. This principle helps maintain clarity in the chain of responsibility and the financing of construction projects, ensuring that only those with a direct contribution to the project are afforded lien protections.