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Can they file a mechanics lien in this case

ArizonaMechanics Lien

A roofing company subcontracted a solar company to remove and reinstall a solar array from a 1 family home in Arizona. The contractor did not pay the solar company and the solar company doesn't have a written contract with the homeowner. I spoke to the state of arizona registrar of contractors and they stated they would have to file a no pay complaint with the state and they cannot file a lein against the home as they don't have a written contract with the home owner.

1 reply

Aug 17, 2021
Generally, that is correct. In order for a licensed contractor to impose a lien on residential property, in addition to fulfilling other statutory requirements and prerequisites, a contractor must have a contract directly with the homeowner of the property if the owner either 1) resides in the property, or 2) intends to reside in the property for at least 30 days within 12 months of the completion of the work. You can review ARS 33-1002 to be sure it fits your scenario.
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