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Can I file a mechanic's lien without a written contract?

Arizona

I'm a subcontractor working on a commercial project. The owner and general contractor(same person) on the job is one I have done several jobs for in the past. We had a verbal agreement, and I DID file a 20 day prelim at the appropriate time. Now, the job is completed, and he is trying to tell me the "lender" is refusing to pay and wants to renegotiate the original agreed upon price. (Also refusing several change orders which were upgrades of materials, etc. that were approved as well)I realize my stupidity in allowing this to escalate without getting in writing- lesson well learned...however, any recourse? This is over $30K we are talking about.

1 reply

Dec 10, 2020
You still have mechanic's lien rights even without a written contract with the owner. Written contracts with the owner are only required for owner-occupied residential projects. Assuming your preliminary 20-day notice was timely and complied with the statute, record the lien. It puts you in a stronger position to negotiate. The fact that the lender did not pay the owner doesn't mean that the owner gets the value of your services for free.
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