Construction Materials and Rental Equipment Suppliers

Moody and Shea, P.A. maintains a substantial practice in the area of representation of international, national, state, regional, and local construction rental equipment and materials suppliers. The firm has extensive experience, having provided representation in excess of 1,000 cases to suppliers of virtually every type of construction rental equipment and construction materials, literally, from the ground up. The firm's clients supply materials, including, but not limited to, dirt, shell, limerock, asphalt, concrete, gunite, sod, plants, landscaping, flooring, plumbing, electrical, mechanical, refrigeration, steel and other framing metals, lumber, drywall, sheathing, siding, paint, windows, commercial signs, and roofing.

This area of practice includes: providing general corporate advice; contract, account and billing documentation review, as well as preparation and revision; negotiations and informal resolution of disputes; and litigation of contract, lien foreclosure, and payment bond claims. Moody and Shea, P.A. believes that rental equipment and materials suppliers' success depends primarily upon three factors: investigation, documentation, and securing financial obligations.

The investigation element pertains to the necessity of a thorough and complete investigation of the current and historical credit and financial standing of any party to whom credit is to be extended, using all of the means available in our global market linked by the internet. The firm assists clients in establishing procedures for thorough gathering and analysis of relevant historical data on customer financial history.

The documentation aspect of the formula for success requires the supplier to develop, implement, and maintain thorough and complete credit applications, credit agreements, personal guaranties, invoices, and monthly statement forms, in compliance with Federal and State of Florida law. Moody and Shea, P.A. is routinely requested to review and update such critical contract documents for its existing suppliers client base, and to design and prepare such documents for new clients to the firm. Additionally, the firm assists its supplier clients in training and developing systems to maintain complete file documentation to increase success in the event of future litigation.

"Securing financial obligations" refers to the development of documents and the implementation of procedures to allow the materials supplier to obtain some form of valuable security for an otherwise unsecured open account debt, or to increase the security on an already secured debt. Whether the security is in the form of personal guaranties, liens on motor vehicles, mortgages on real property, or perfected security interests in tangible and/or intangible personal property, the firm assists its clients in recognizing the need for such additional security, negotiating with debtors to obtain such security, and the preparation of proper documentation to obtain a perfected security interest.

Another facet of this practice area is that Moody and Shea, P.A. develops and provides in-house seminars and training programs for its supplier clients. These programs are tailored to the needs of the individual client and provide the client the opportunity and a means to keep its employees in the credit, as well as sales, departments abreast of applicable Federal and State of Florida laws, as well as practices, techniques, and procedures for increased profitability.

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