How can I file a lien on a job that has not paid us since June '19, and for a fact has been paid by the owner already.

8 months ago

We have sent countless emails and they are trying to rob us on debits that do not correspond to us. Even after showing the proof the contractor does not answer our phone calls and they owe us almost $9,000.00.
Can I still file a lien even though I did not file a pre-lien?

Senior Legal Associate Levelset
414 reviews

Arizona mechanics liens have strict requirements. For one, a lien claimant won’t be able to proceed with their claim unless a preliminary notice was sent, as required. That is, except for wage laborers – they won’t have to send notice.

Further, Arizona also has a strict deadline for filing mechanics lien claims. Arizona claimants must generally file a mechanics lien within 120 days of the completion of the project. That timeframe may be shortened to a mere 60 days if a Notice of Completion is filed.

For more information about Arizona’s mechanics lien requirements: Arizona Mechanics Lien Guide and FAQs

Recovery options outside of the mechanics lien process may be available

For one, sending a demand letter may be enough of a nudge to push a contractor to make payment. A strong payment demand will show a customer that you’re serious about recovering payment, and that you’ll take whatever options are necessary to get paid. More on that here: Demand Letters for Contractors – How To Write One That Gets You Paid.

Note also that legal remedies will likely be available when unpaid. Considering how crucial payment is to a construction contract, a breach of contract action could be on the table when a customer refuses to make payment. Alternatively (or additionally), Arizona has prompt payment laws in effect that set prescribed timeframes for making payment – and when a contractor fails to pay their subs on time, they’ll run into stiff interest penalties. These are just two potential remedies, and there may be many more on the table – so reaching out to an Arizona construction lawyer could help to clarify what options might be available and which ones have the best chance of success.

For further discussion of other recovery options: Can’t File a Lien? Here Are Some Other Options For Recovery.

Disclaimer: 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 help of a local attorney.
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