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Contractor dispute

ArizonaMechanics Lien

A contractor we hired for paver hardscape installation They stated pavers, materials and installation would be done that day but left a mountain of sand in the street and after calling them to ask why pavers had not arrived with workers as promised they said it will take at least another week for the pavers. We cancelled the job and they threatened us with mechanics lien unless we paid 450.00 for the sand. They refused to justify that much for sand and threatened legal action and it was non negotiable. We filed a complaint with ROC but they dismissed the claim saying it was a financial dispute. We don't want to pay because it is such an overcharge; and are willing to pay half that since we had to dispose of the sand ourselves; HOA requiring material on street to be removed after 72 hours. Not sure what to do at this point

20 replies

Dec 29, 2020
The first question is whether you received in the mail what is called a preliminary 20-day notice informing you of a potential lien on the property. If you did not, then the lien would not be valid in the first place. The same would be true if they are not a licensed contractor. You can find whether they are licensed by looking them up on the website for the Arizona Registrar of Contractors. Beyond that, you have three options. (1) Let them record the lien and dare them to sue to foreclose within the next six months. There is a good chance they will blow the deadline, especially since they will likely have to hire a lawyer to handle the foreclosure if they are a company instead of a contractor; (2) If they record and you can't live with it, wait for the lien to get recorded, then write a letter giving them 20-days to remove the lien (the written demand is required if you want to hit them with a $5,000 fine), then if they don't sue to remove the lien. This is your least desirable option since litigation is expensive and there is not a lot of money at issue (3) Pay them because it's not worth the headache.
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