Can I take my materials back?

If for any reason the completion of an improvement is abandoned or though the improvement is completed, materials delivered are not used, a lien holder who has delivered materials for the improvement which have not been incorporated and for which he has 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 repossess the materials 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 of repossession and removal shall extend only to materials whose purchase price does not exceed the amount remaining due to the repossessing lienor. If the materials
have been partly paid for, the person delivering them may repossess the materials as allowed 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. This is true even if the creditor holds a security interest in the payments from the general contractor to the debtor.

Tap to call: 305-347-5295