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Can a contractor file a Mechanics Lien based on email estimate, no signatures, for work done on owner-occupied residence

ArizonaMechanics Lien

A licensed contractor filed a Lien using solely an email estimate. The estimate does not include all the negotiated items. There was no signed contract. The agreements was oral and only some portion of the work was complete before the contractor abandoned the project.

1 reply

Jan 20, 2022

An oral agreement is sufficient to support a mechanic's lien as long as the property subject to the lien is not owner occupied residential. If the property is owner occupied residential, then the contractor must have a written contract directly with the owner. A lien supported by an oral contract just needs to state the terms, time given and conditions of the contract. It does not need to state "all the negotiated terms."

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