We have a 20 day prelim filed but would like to know if we can file a lien. The home is not complete but the owner is refusing to pay us. If we lien what happens with the owner? Can he close on the house and receive the final funds.
Principal Attorney and Founder at Arizona Property Law
| 20 reviews
Apr 23, 2021
The operative provision of law that governs mechanics liens against owner-occupied properties is found in ARS 33-1002. The statute carefully defines what qualifies as an owner occupied dwelling. Generally, mechanics liens cannot attach to an owner-occupied dwelling, however, the one exception is where the person claiming the lien has a direct contract with the owner of the property. If the party claiming the lien has a direct contract with the owner of the owner-occupied dwelling, then a mechanic's lien can attach, and provided all other statutory requirements are met, will be valid.