Menu
Home>Levelset Community>Legal Help>Do I file a mechanics lien against the homeowner or the GC that hired me

Do I file a mechanics lien against the homeowner or the GC that hired me

ArizonaConstruction ContractLawsuitMechanics LienRight to Lien

If a unlicensed GC hired you as a laborer to install the drywall in a slow building 3500 sqft custom home he was hired to complete. He agreed to pay 50% of the originally estimated contract of $16000 in quarter payments as the work progressed accordingly. The job has taken over a month to complete and with only 2 closets left will be done tomorrow. I have only been paid a total of $900 so far and that was 3 weeks ago. Yesterday I was told that the homeowner only owes another $2500 for the job and that will be split between the 2 of us which will ultimately end up a payment of $1250 and a total payment of $2150 for what I've counted out to be 64 days of work and just under $40 a day. This job is 3 hours outside phoenix (home) and granted the GC allowed me to stay at his house for the duration of the job I still paid all my own travel expenses and used my truck to and from the job site and etc... What should I do at this point? ​ Should I approach the homeowner directly even though I'm not the one contracted got the job? Do I start the process on a mechanics lien against the homeowner now to ensure I meet the deadline to file? The state of Arizona doesn't require a preliminary notice be sent, but it feels wrong to go to such an extreme without even talking to him first... Or do I file suit against the one who brought me in on the job ? He doesn't have a contractors license or any certifications so I'm not even sure I can do that, not to mention the state of Arizona considers any job taken by an unlicensed contractor that pays over $700 a felony so if I file a mechanics lien claiming to be unpaid subcontractor that would leave me open to felony charges and in worst case scenario could lead to possible prison time. I was hired as a worker to assist on completing a job but can't accept a payment that ultimately doesn't even meet minimum wage for an out of town trip no less.

1 reply

Mar 7, 2022
If the home is owner occupied residential, then you do not have mechanic's lien rights because you do not have a direct contract with the homeowner. If the home is not owner occupied residential, then you need to have sent a timely and valid preliminary 20-day notice to have mechanic's lien rights. You would also have to be a licensed contractor, which it does not sound like you are. You can sue the GC in small claims/justice court for breach of contract for the money he owes you.
0 people found this helpful
Helpful