Specially Fabricated Materials

What are the contractor’s remedies when a job is canceled after he has specially ordered and fabricated materials? In such a situation, many states have a mechanism to file a lien to recover the costs of the specially fabricated materials.

Kelly Davis, Esq.
Few construction lawyers have the first-hand experience to understand fully the complex issues that their clients face. When Kelly Davis was a child, her father started a small residential construction business, and there began Kelly’s love of construction. She was the little girl that would be running all around the construction projects. Over the years, her father’s business grew into developing commercial buildings, and high-end residential homes. As a result, Kelly has grown up, worked in and lived around the construction industry her entire life.

In this CLE class clip, Kelly discusses dealing with specially fabricated materials in construction law.

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A “specially fabricated material” is typically defined as a material fabricated for use as a component of the construction or repair, so as to be reasonably unsuitable for use elsewhere. As an example, let’s consider granite counter-tops. Once a slab of granite is cut to the required dimensions for a specific project, perhaps with a cut out for a sink, those pieces are usually unsuitable for use on another job.