Falcon Steel, Inc. v. J. Russell Flowers, Inc.

I agree with the majority opinion that the lien is timely, but cannot agree with the majority’s determination as to the amount. I do not believe Falcon can encumber the four barges in UST’s possession with a lien in the amount of UST’s entire liability to Falcon even though Falcon can only prove that the barges collectively contain a fraction of unpaid steel. Because as a lien claimant, Falcon must establish the materials forming a basis for the lien were actually used in the four barges subject to the lien, the amount of Falcon’s lien cannot exceed $65,803.52, the amount of Falcon’s steel…