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Mechanics Lien or Stop Notice

ArizonaMechanics Lien

One of our clients is refusing to pay us. Thery decided to verbally "let us go" right before we completed phase 1 of a new subdivision. The prime brought in a new contractor right before informimg us. Now they are sending us the invoices from that contractor claimimg we are resposible for that contractors wort. I have already leined the property. My qwuestion is should I also send them a Stop Notice to freeze threir funds until we are paid?

1 reply

Mar 3, 2021
You can serve a stop notice or start the lien foreclosure process, which must be started within six months of recording the lien or you will lose it. So while the stop notice will likely cause trouble by requiring the owner to withhold some funds, and potentially causing the construction lender with withhold funds (the lender may withhold funds but is not required to), it does not require that anyone pay you. But it is a good cheap way to rattle the cages and see what comes of it. Just keep in mind that you must file suit to foreclose the mechanic's lien within six months of recording.
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