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What is our next step of customer refuses to pay for completed work?

Arizona

When we first discussed the project we started building an addition (36’x20’). Than change orders started coming to be ADA compliment and upgrades the customer wanted to add to the addition. During mid project the customer had asked if we could re-frame the roof. We started that project thru acceptance of our invoice and verbal agreement on how we were going to re-frame the roof. Customer accepted our invoice and we began work. We demoed, re-framed, installed new shingles and fascia board, along with drip edge. We completed the roofing project and asked for invoices to be paid in full before we continued work on the addition again. Customer said he was gonna talk to his advisors and still has not paid the completion of the roofing project. So we put a stop-work order on customers addition due to non-payment. Every invoice was verbally agreed upon before projects started on customers property. Permits were pulled for addition and completed 75% of the way, we have last 2 inspections for addition (drywall and final) but will not complete until roofing matter gets resolved. We did not have to pull a permit for re-roof because we were exempt according to county’s regulations. So we are putting a lien on this property and scope of work till this matter gets resolved. We tried negotiating with customer to come to agreement so we can finish the project for the customer but that didn’t work out as well. From start to finish, invoices were excepted thru communication, email and text.

1 reply

Feb 14, 2022
Ultimately, if you have sent a valid and timely preliminary 20-day notice and recorded a valid lien, you have six months to sue to foreclose the lien. So you can wait for the deadline to foreclose and see if they pay up, or you can just file suit now to foreclose. It's always better and cheaper if the parties can reach a settlement voluntarily without lawyers and litigation . But it sounds like the parties are stuck based on how you describe matters.
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