Suppliers to Suppliers Usually Can’t File A Mechanics Lien

In the mechanics lien law world, there are very few rules that are consistent state-to-state. That a material supplier to another material supplier is without mechanic lien rights, however, is an exception. Nearly every state prohibits suppliers to suppliers from filing a mechanics lien.

This is not only true for private (residential, commercial or industrial) projects, but is also the rule for state, county and federal projects.  If you’re providing materials to another supplier of materials, you’re likely out of luck if interested in filing a lien.

How do you know if you’re a supplier to a supplier?  While this is usually easy to figure out, the easiest thing to do here is look at your customer and ask whether that customer is performing any labor.  If your client isn’t performing or coordinating any labor at the job site, then you’re client is likely a supplier.

Suppliers to virtually any other party will have lien rights (even, yes, sometimes to sub-subcontractors or sub-sub-subcontractors).  But when supplying to another supplier, mechanic lien rights are shut off.

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