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20 day preliminary notice and contractor refuses to provide invoice

Arizona

I am homeowner who entered into agreement for services relating to restoration/mitigation after water leak at my residence. $ amount not determined at time of contract signing as contractor stated environmental testing was required to determine scope of work estimate. 5 calendar days later, after property was damaged by contractor, I demanded contractor cease work. I requested detailed invoice for services actually performed (water cleanup and testing) with a credit for damage done to property by contractor/subcontractor. Contractor refused to provide invoice unless I and each member of my household immediately signed a broad waiver of liability which included a non-disparagement clause. We refused to sign waiver of liability and asked for invoice. Contractor threatened to place lien on home unless waiver of liability immediately signed, and followed up with 20 day preliminary lien notice for several thousand dollars. Contractor never provided estimate or quote, and will not provide an invoice unless waiver of liability/non-disparagement is signed. I have no issue with paying for services performed, but I need a detailed invoice. I will not sign a waiver/non-disparagement agreement just to get an invoice. Can Contractor perfect this lien for the amount in the preliminary notice if he refuses to provide an invoice? Can Contractor perfect lien if he ultimately provides an invoice without any detail? Contractor also refused to provide any info as to what services and testing performed and why.

1 reply

Feb 8, 2023
Hi, thank you for reaching out to our legal community. I'm glad you didn't sign the liablity waiver. I hope you took photos of the property damage. Since there are a lot of factors in your situation and your question is highly specific, it would be prudent for you to reach out to an attorney in your state directly at their office, rather than discuss such a sensitive issue in this public forum. Here is a list of attorneys in Arizona: https://www.levelset.com/payment-help/experts/construction-lawyer/arizona/. Good luck! 
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