Home>Levelset Community>Legal Help>Can we file a mechanic's lien in Arizona for an installed project even if we are not a licensed contractor? Or for material only?
Can we file a mechanic's lien in Arizona for an installed project even if we are not a licensed contractor? Or for material only?
We completed an installed project in Arizona for which we are not being paid. I have been told we cannot file a lien since we are not licensed as a contractor in AZ. Is this the case? If so, are we allowed to file a lien for just the material?
In order to file an Arizona mechanics lien claim, an Arizona claimant will need to be licensed - but only if their work requires a license. If the work does not require a license, then the claimant doesn't have to be licensed in order to file a valid and enforceable mechanics lien. For a little more background on what kind of work requires Arizona licensure: Arizona Contractor’s License: Who Needs One and What Are the Requirements?
Whether an unlicensed contractor could file a mechanics lien for material only is an interesting proposition. Generally, material suppliers don't have to be licensed. So, if a subcontractor provides materials but doesn't hold a license (which is required) for their work, conceivably, the subcontractor might be able to file a lien for the materials they supply.
However, this seems unlikely since the Arizona mechanics lien statute's licensing requirement ties more to the contractor than the work. Under § 33-981(C) of the Arizona mechanics lien statute, "A person who is required to be licensed as a contractor but who does not hold a valid license as such contractor issued pursuant to title 32, chapter 101 shall not have the lien rights provided for in this section." So, if a claimant is required to be licensed, filing a mechanics lien only for the materials they've supplied still might not be appropriate.
For more information on Arizona mechanics lien claims: Arizona Mechanics Lien Guide and FAQs.
For more information on recovery options outside of the mechanics lien process: Can’t File a Lien? Here Are Some Other Options For Recovery.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...