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demanded full payment roof. stripped roof march5 and has filed claim notice of

ArizonaMechanics Lien

pelican demanded all the money up front. I paid all..did a partial tear off mach 5 ...since then we have been with out a roof..there has been rain storms and my home is so damaged..Because they not come back I reversed payment. now they filed a notice of claim...he said the roof need all new wood.3/4" 4x8 plywood 96 pieces per his contract...He delivered 3/8" 61 pieces of plywood..He tried to say it was the same thing...I have asked 7 time to come get his material because I hired a new roof co. now what do I do.?

1 reply

Apr 23, 2019
I'm sorry to hear about the trouble you're having. I'm not sure I fully understand your situation, but there are still some overarching principles that should apply here. First, if you believe that a contractor has acted improperly, making a complaint to the Arizona Registrar of Contractors might be a good step. By making a complaint with the Registrar of Contractors, an owner can be sure that their contractor is penalized for improper actions. Further, if a complaint against the contractor results in a suspension or revocation of their license, making a claim against the Arizona Registrar of Contractors Recovery Fund could provide some aid to residential property owners. Outside of any license complaint, legal claims against a contractor who has acted improperly might be available too - such as breach of contract, where applicable. As for the Notice of Claim - mechanics lien claims are generally only available for amounts that represent work that's been performed to improve real property, but have remained unpaid. If a contractor has made an improper claim, or if they failed to abide by notice or deadline requirements, that claim may be improper (or even fraudulent), and it could even result in damages being owed to the property owner. Where a lien is improper or fraudulent, generally, it can be removed with relative ease. But, where damages have been incurred and an owner is unsure of how best to recover against their contractor, it's a good idea to consult a local construction or real estate attorney. They'll be able to review all of the circumstances and documentation to determine how best to proceed. For more information on responding to a lien claim, as well as improper or even fraudulent liens, these resources should be valuable: (1) A Mechanics Lien Was Filed on My Property – What Do I Do Now?; and (2) Frivolous Mechanics Liens: Intentionally Fraudulent vs. Honest Mistakes.
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