I am a material supplier on construction projects. I want to know if I send out the design sheet before the actual material is supplied, can I consider the design sheet as first material supplied? And send the notice of commencement based on that?
1 reply
Jan 24, 2022
That's a great question. The answer depends on how important is furnishing the design sheet prior to the actual material to be supplied. If the construction contract lists the design sheet as a performance step and, even better, a corresponding price for furnishing this design sheet, then it should be considered first material supplied. On the other hand, if there is no reference to the design sheet or it seems to be incidental to the material supplied, then the notice of commencement should be based on when the material was first supplied. I've seen some design sheets that are submitted, negotiated, and refined well BEFORE the construction contract is finalized, signed and delivered. In this situation, clearly the design sheet is not the material first supplied.