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Can a contractor file a lien if no contract for services was signed?

A property management company that managed my apartment building hired a licensed contractor to work on the pool deck, no contract for the work was signed . The workmanship was horrible and had to be completely redone, so I didn’t pay him. He is threatening to file a lien on the property. It would seem logical to me that there would need to be a signed contract for services in order for him to file a lien?

1 reply

Mar 26, 2020

In most situations, written contracts aren't required for mechanics lien rights to be present. However, for work being done on Arizona residential projects (including condominiums), the contractor must have a written contract with the owner-occupant in order for mechanics lien rights to arise. While a property management company may, in some cases, serve as an agent for the owner - if they didn't have a written contract with the contractor either, then that may be a moot point. Keep in mind, though, that if work was done on a common area of the building and not on an individual condominium owner's particular property - then there's a chance that the work wouldn't be considered a residential dwelling, and a written contract wouldn't be required. Finally, I think these resources might be helpful to you: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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