Limitation of lien for materials supplied

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  • (a) A lien for supplying materials arises only if they are furnished with the intent, evidenced by the contract of sale, the delivery order, or by the claimant's delivery to the site, that they be used in the construction or incorporated in the improvement on the particular real estate against which the lien is asserted.

  • (b) If separate lots, parcels or tracts of real estate are being improved under a single notice of commencement (see section 262 of this title) and the real estate improvement contract does not specifically apportion the materials among the lots, parcels or tracts, an intent, evidenced in a manner specified in subsection (a), that the materials be used generally on the separate lots, parcels or tracts is sufficient to enable the supplier to secure a lien against all lots, parcels or tracts on which the materials were actually used or in which they were incorporated. Delivery by the claimant to any one of the separate lots, parcels or tracts shall be sufficient delivery under subsection (a) to give a lien on all the lots, parcels, or tracts. Delivery to any one of the separate lots, parcels or tracts, whether or not by the claimant, creates a presumption that the materials were used in the construction or incorporated into all the separate lots, parcels or tracts being improved in the same percentages of claimant's claim as the cost to the owner of the improvements on each separate lot, parcel or tract bears to the total cost to the owner of all improvements being made under the single notice of commencement, and the claimant has a lien on each separate lot, parcel or tract for that percentage of his claim unless the owner or other adverse party accounts for all materials for which the claim is asserted, showing the particular lots, parcels or tracts into which they were incorporated or in connection with which they were used.


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