By Alex Barthet
If for any reason a project is abandoned, can you take back materials from the job site? Lien holders, who have delivered materials for improvements which have not been incorporated and for which they have not been paid, may peaceably repossess such materials. That lien holder however, will then no longer have a lien on the real property or improvements and shall have no right against any person for the price of the materials. This right to take back materials from the job site shall not be affected by their sale, encumbrance, attachment, or transfer from the site, except if the materials have been transferred to a bona fide purchaser.
The right to repossess and remove shall extend to materials whose purchase price does not exceed the amount due to the repossessing lienor. If the materials have been partly paid for, the person delivering them may repossess the materials upon refunding the part of the purchase price which has been paid. The recovery of materials under Florida’s lien law should not be considered a preferential transfer under the Bankruptcy Code and should not be voided. As well, materials on a construction site which are about to be incorporated into the realty are immune from levy, execution, or attachment by the material supplier’s creditors.