About Joseph Brophy
Joseph Brophy is a commercial litigator whose practice areas include complex business disputes, creditors’ rights, surety and fidelity law, bankruptcy,
construction law, appellate and insurance defense. He represents individuals, businesses and institutional creditors, as well as sureties and contractors in
state, federal and bankruptcy court actions, as well as in arbitrations and administrative hearings.
Joe joined the firm in February 2009 and became a partner in 2014.More...
construction law, appellate and insurance defense. He represents individuals, businesses and institutional creditors, as well as sureties and contractors in
state, federal and bankruptcy court actions, as well as in arbitrations and administrative hearings.
Joe joined the firm in February 2009 and became a partner in 2014.More...
Joseph Brophy's Recent Answers
Dec 29, 2020
Dec 29, 2020
From an Anonymous Contractor
ArizonaAttorney at Jennings Haug Keleher McLeod
The first question is whether you received in the mail what is called a preliminary 20-day notice informing you of a potential lien on the property. If you did
not, then the lien would not be valid in the first place. The same would be true if they are not a licensed contractor. You can find whether they are licensed
by looking them up on the website for the Arizona Registrar of Contractors. Beyond that, you have three options. (1) Let them record the lien andSee More...
not, then the lien would not be valid in the first place. The same would be true if they are not a licensed contractor. You can find whether they are licensed
by looking them up on the website for the Arizona Registrar of Contractors. Beyond that, you have three options. (1) Let them record the lien andSee More...
Jul 17, 2020
Jul 17, 2020
From an Anonymous Contractor
ArizonaAttorney at Jennings Haug Keleher McLeod
Yes. A contractor who intends to assert a mechanic's lien must send a preliminary 20-day notice to the owner. The lien will secure work done 20-days before
the preliminary notice is sent, so it should be sent at the beginning of the project. IF the work is complete, sending a preliminary 20-day notice won't help
much.
the preliminary notice is sent, so it should be sent at the beginning of the project. IF the work is complete, sending a preliminary 20-day notice won't help
much.
Jan 12, 2022
Jan 12, 2022
From an Anonymous Contractor
ArizonaAttorney at Jennings Haug Keleher McLeod
A preliminary 20-day notice is just that - a notice. It is notice that a contractor MAY in the future assert a lien against the property identified in the notice. It
is common for any contactor to send such a notice at the beginning of their work becuase the lien rights only attach for work performed within 20 days prior
to the mailing of the notice. So if the contractor waits until the end of the project, it may be too late to send the notice to preserve their right to a See More...
is common for any contactor to send such a notice at the beginning of their work becuase the lien rights only attach for work performed within 20 days prior
to the mailing of the notice. So if the contractor waits until the end of the project, it may be too late to send the notice to preserve their right to a See More...
Feb 12, 2021
Feb 12, 2021
From an Anonymous Contractor
ArizonaAttorney at Jennings Haug Keleher McLeod
If you sent a valid preliminary 20-day notice, you can record a mechanic's lien on the property where the work was performed. If you do not have lien rights,
you still have a claim for breach of contract or unjust enrichment. Save you text messages if they provide evidence of a contract. If you have made a final
demand or repeated demands for payment and have been ignored, get a lawyer and file suit so that the owner can no longer ignore your demanSee More...
you still have a claim for breach of contract or unjust enrichment. Save you text messages if they provide evidence of a contract. If you have made a final
demand or repeated demands for payment and have been ignored, get a lawyer and file suit so that the owner can no longer ignore your demanSee More...
Aug 12, 2020
From an Anonymous Contractor
ArizonaAttorney at Jennings Haug Keleher McLeod
The best way for an owner to protect against mechanic's liens is to pay the bills in a timely fashion. No money owed, no liens. The Legislature has
established four types of statutory waivers and releases forms to be used to waive and release lien, bond and payment rights during and after construction.
They are: • Conditional Release upon Progress Payment • Conditional Release upon Final Payment • Unconditional Release upon Progress PaymentSee More...
established four types of statutory waivers and releases forms to be used to waive and release lien, bond and payment rights during and after construction.
They are: • Conditional Release upon Progress Payment • Conditional Release upon Final Payment • Unconditional Release upon Progress PaymentSee More...
Details
Location
Phoenix, AZ
Years of Experience
16
Expertise Area
Construction Law
Licenses
Arizona Bar