Definition
A Material Man refers to a person or entity that provides materials employed in the construction or repair of a building or other property. If the material man is not paid for these materials, they have the legal right to file a mechanic’s lien, which is a claim against the property in question. The mechanic’s lien ensures that the material man has a chance to recover the debt owed for the materials supplied.
Examples
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Construction Scenario: A construction company orders lumber, concrete, and steel from a supplier for a new building project. This supplier is considered a material man.
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Home Repair: A homeowner hires a contractor to remodel their kitchen. The contractor purchases tiles, cabinets, and plumbing fixtures from various suppliers. These suppliers are material men.
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Infrastructure Project: A city undertakes the construction of a new bridge. The procurement department orders large quantities of rebar and asphalt from industrial manufacturers. These manufacturers are material men.
FAQ
Q: What legal recourse does a material man have if not paid for materials?
A: A material man can file a mechanic’s lien, which places a claim against the property where the materials were used, ensuring the material man has a legal pathway to recoup their costs.
Q: How does a mechanic’s lien work?
A: A mechanic’s lien attaches to the title of the property and can interfere with its sale or refinancing. The property owner must settle the debt or face potential foreclosure to satisfy the lien.
Q: Are there any time constraints for filing a mechanic’s lien?
A: Yes, the timeframe for filing a mechanic’s lien varies by jurisdiction, but it typically ranges from 30 to 90 days after the last material was supplied.
Q: Can a material man file a lien if a general contractor failed to pay them?
A: Yes, the material man has the right to file a lien if the general contractor, hired by the property owner, fails to pay for the materials supplied.
Q: Does a material man need to inform the property owner before filing a mechanic’s lien?
A: Often, yes. Many jurisdictions require a preliminary notice to be sent to the property owner to inform them of potential lien rights before the materials are supplied.
Related Terms
Mechanic’s Lien
A legal claim against a property for unpaid work or materials provided in its construction or repair.
Construction Law
The legal field covering contracts, torts, and other responsibilities arising from building construction.
Supplier/Provider
An entity or individual who supplies the necessary materials or goods for another entity or person’s operations.
Subcontractor
A party hired by the primary contractor to perform part of the work for a construction project, often supplying materials or services.
Online Resources
- American Bar Association - Construction Law
- NOLO - Mechanic’s Liens
- FindLaw - Mechanic’s Lien Legal Information
Suggested Books for Further Studies
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“Construction Contracting: A Practical Guide to Company Management” by Richard H. Clough and Glenn A. Sears
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“Mechanic’s Liens and Construction Payments: Legal Principles and Strategies” by Michael T. Madison and Jeffrey T. Ferriell
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“Building Contract Claims” by David Chappell
Fundamentals of Material Man: Construction Law Basics Quiz
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