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

2 weeks ago

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?

Senior Legal Associate Levelset
180 reviews

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?

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now
Get answers from construction attorneys and payment experts
120 Character Limit