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I have received a intent to lien from a subcontractor that is already over paid on project that he was terminated from

ArizonaNotice of Intent to Lien

I am a general contractor that had a sub on a project. His contract had 4 options on it each with a price and or draw amount for that option. He was paid 50% to start. I received a draw request from him to continue with the project. A check was mailed out to him on the day of the request. Hours later that day we were terminated from any further work to include all of our subcontractors. The subcontractor was notified the following morning when they opened for the day. He then cashed the check he was sent one week later (the day before our meeting to go over the job) for work he has not done and will not be doing. He has since sent an intent to lien to me and the property owner for the remaining balance owed on the contract, again for work he has not done and will not be doing. On the intent to lien much of the information is incorrect ( lot number, parcel number, dates of the project, etc.). What is your advice on this issue. Thank you!

1 reply

May 22, 2020
Mailing a notice of intent to lien is standard practice even if the contractor is getting paid. The reason is that the notice of intent to lien is required if the contractor eventually decides to file a lien. But the lien will only secure work done 20 days prior to the serving of the notice of intent to lien. So if the contractor waits until the end of the contract to send the notice of intent, he may end up with little or no security. A notice of intent to lien does not mean a lien is actually going to be filed. In any event, the notice of intent to lien has no legal effect on the land. Only a recorded mechanic's lien can do that. Bottom line: at this point, based on what you have described, there is nothing wrong with the sub sending a notice of intent to lien and it is also nothing to worry about.
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