Can I file a mechanics lien?

5 days ago

Hello, our company foamed a customers roof back in September 2018 in Maricopa County, AZ. Can I still file a mechanics lien for nonpayment?

Legal Associate Levelset
115 reviews

The answer depends on when the entire project was actually completed. An Arizona mechanics lien must be filed within 120 days of the completion of the project, or if a Notice of Completion (NOC) was filed on the project, then 60 days from when the NOC was recorded. If that time period has passed, the claimant will no longer be able to file a lien on the property.

If you are no longer able to file a mechanics lien. The next best option to recover payments would be against the party who hired you. Specifically a lawsuit for breach of contract or quantum meruit. Also, if the claim is for $3,500 or less, you can file in Maricopa County small claims court to recover.

Here are some additional resources:

Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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