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Can I send a lien on this project?

I am an Architect and provided preliminary site plan design services on a project for the commercial property owner for a new office building. It is only $1,500.00 and I did not file a preliminary lien. This is in Phoenix, AZ. What are my options and what steps should I take to avoid this in the future? Thanks, Mike Hall

2 replies

Apr 1, 2020

Design professionals, such as architects, do have mechanics lien rights in Arizona. However, to secure the right to file a mechanics lien, all parties (including those with a direct contract with the property owner) must have first sent a preliminary notice. This notice, ideally, should be sent within 20 days of first furnishing labor, materials, or services to the project. This notice may be sent late, but it will only cover services provided in the 20 days preceding when the notice is received. Failure to provide this notice is fatal to a party's mechanics lien rights. Sending a preliminary notice at the beginning of every job is crucial to protecting your rights to payment. However, just because mechanics lien rights are unavailable, doesn't mean all hope is lost. Since the claim is under $3,500, a suit for breach of contract or unjust enrichment can be filed in Arizona small claims courts; which doesn't require hiring an attorney. If you're not ready for a lawsuit. There are still other options, see: Can't File a Lien? Here Are Some Other Options for Recovery. Here are some additional resources for securing lien rights in Arizona:

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Apr 2, 2020

The reality is the cost associated with eventually getting to recording a mechanic's lien will cost you far more than the $1,500.00. Given the amount you are seeking, your best option would likely be small claims Court.

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