Home>Levelset Community>Legal Help>can a arizona plumber file a lien without first sending a bill?

can a arizona plumber file a lien without first sending a bill?

ArizonaRight to Lien

called a plumber for an estimate and instead they hit me with a $275 bill for 5 min of "work" and have yet to even provide a bill. Can they file a lien if they haven't even provided a bill for service-(not to mention I just asked for a quote)

1 reply

Sep 18, 2018
It's definitely frustrating to get burdened with paying for something you didn't want or expect to need to pay for. Just asking for a quote and getting work done instead is not how anybody wants things to happen.

In Arizona, mechanics liens are generally available to parties who are unpaid for work performed on a property and for which s/he remains unpaid. However, there are some exceptions to the general availability of a mechanics lien, and there are specific requirements that must be met.

1. A license is required in order to claim a valid and enforceable lien in Arizona. Arizona statutes note that "A person who is required to be licensed as a contractor but who does not hold a valid license as such contractor . . . shall not have the lien rights provided for in this section."
2. Further, Arizona has special rules for work performed for an owner-occupied residence. "No lien provided for in this article shall be allowed or recorded by the person claiming a lien against the dwelling of a person who became an owner-occupant prior to the construction, alteration, repair or improvement, except by a person having executed in writing a contract directly with the owner-occupant." This means that in the case of improvements on a person's home - the lien claimant must have a written contract with the property owner in order to claim a lien.

Finally, in the event that neither of the above limitations apply, there are practical considerations. Even if a lien could be validly claimed by a party who only claims to be due $275, the costs and time associated with a lien filing may be prohibitive to the recovery of that amount.

Add your answer or comment

Not the answer you were looking for? Check out other Right to Lien topics or ask your own question