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can a lien be put against a property when the work done was not contracted for or agreed to be done by the homeowner?

Hired a roofing company to repair a leaking problem. They came assessed the problem and gave me 2 different options. I signed a contract clearly stating option 1. The repair work happened and the bill for $1,712.00 was paid in full. I just received an email a couple days ago from this company requesting payment for the 2nd option that I did not authorize but they say they did. What are my rights? I feel like I'm being taken advantage of because I don't know exactly what was or was not done to my roof and I'm worried that the company will put a lien on our home for work we didn't authorize to be done.

1 reply

Nov 3, 2017

It is difficult to stop a lien from being filed if a party really wants to get it filed. The recorders rarely act as a "gatekeeper" by refusing to file liens, and generally accept the documents for recording (provided the formal requirements are met and proper fees are paid).

That being said, an inappropriate lien may be challenged, and the claimant may be subject to damages for its filing. Additionally, there are specific requirements that must be met prior to being allowed to file a valid and enforceable lien (in the circumstance that there was actually unpaid work).

All claimants in Arizona must send a Preliminary 20-day Notice. The failure to provide a Preliminary 20-day Notice is fatal to a mechanics lien in Arizona.

Accordingly, if you never received a preliminary notice from the contractor, it would likely be worth it to point out to the claimant that any potential lien would be invalid, and that the cost of its removal and potentially other damages would be sought. It may be desirable to enlist the assistance of a local attorney to help you out with this.

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