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REsidentail same as commercial when filing a Preliminary?

ArizonaPreliminary NoticeRight to Lien
Anonymous Contractor

Is filing on a commercial property different from residential?

2 replies

Levelset Admin at Levelset
| 335 reviews
Jul 9, 2020
The process of filing an Arizona mechanics lien on a residential property as opposed to a commercial property is relatively the same. There is however, one key difference in terms of who has the right to file a lien. If the property being improved is an owner-occupied dwelling, then only parties who have a direct contract with the property owner may file a lien against the property. But what is an "owner-occupied dwelling." Well dwelling is defined as a one or two-family residential building; including apartments and condos. And owner-occupied refers to the owner of the property who resides or intends to reside in the dwelling. If working as a subcontractor on such a property will preclude you from mechanics lien rights. If a payment problem occurs, your options for recovery will be limited to contract claims against the contractor who hired you. Here are some additional resources:
NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...
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Anonymous Contractor
Question Author
Jul 9, 2020
Thanks so much for the speedy response!
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