Intercontinental Group, Inc. v. S & S Air Conditioning Co.

The pivotal question in this case is when are materials “finally” furnished to an owner by a contractor in order to secure a mechanics lien, pursuant to Section 713.-08(5), Florida Statutes (1977).

We hold that where the work is suspended on the project by the owner and the contractor is unable to go forward with the work (although he has material on the job site needed to complete the work), the materials are “finally” furnished when the owner notifies the contractor that he wants the work to proceed and the materials are then utilized. Baldyga Construction Company, Inc. v. Hurff, 164…