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How do I obtain proof that they did what I hired them to do?

ArizonaPreliminary Notice
Anonymous Contractor

I hired a mold damage remediation company. They have failed to provide the certificate that the unit is now mold free. Now they are threatening to file a lien on my property. Without that certification that the unit is mold free I can niether rent or sell the property.

5 replies

Joseph Brophy
Construction Lawyer
Attorney at Jennings Haug Keleher McLeod
| 111 reviews
May 3, 2021
Have they sent you a preliminary 20-day notice? No one can file a mechanic's lien unless they have first sent a preliminary 20-day notice that conforms with the statute. You are also going to want to check if they are a licensed contractor. No license, no lien. Have they given you a reason they will not give you a certification? Was there a certification requirement or a warranty in the contract? Hard to advise not knowing everything.
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Anonymous Contractor
Question Author
May 3, 2021
I just got the 20 day notice today. It says in the description on the estimate "lab analysis fungal molds 3rd party clearance testing" on the contract.
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Joseph Brophy
Construction Lawyer
Attorney at Jennings Haug Keleher McLeod
| 111 reviews
May 3, 2021
The preliminary 20-day notice only secures a lien for work that was performed 20 days before the notice was sent. So if the work was done prior to April 10, they may not have lien rights. Again, you will also want to check if they are licensed. This seems like a problem that is easily solved with a phone call. I can't imagine why they would not provide a certification that they did the job.
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Anonymous Contractor
Question Author
May 3, 2021
I agree. Their lawyer sent me a settlement offer whereby I pay them in full, I waive all rights to sue them AND THEN they will give me the test results.
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Joseph Brophy
Construction Lawyer
Attorney at Jennings Haug Keleher McLeod
| 111 reviews
May 3, 2021
I can't comment on the waiver since I have not read it, but make sure there is a provision in there where they agree to provide the certification in exchange for payment. If they don't pay, you can sue them for fraudulently inducing you to sign the waiver. As long as you get it in writing that they promise to provide written certification of their completion of the work I wouldn't worry too much about supposedly waiving your right to sue.
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