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who can file an arizona mechanics lean

Arizona

Had a unlicensed painter paint my house,with no written contract, who would not stay sober, after being told not start the job intoxicated or be intoxicated on the job, I had to let him go! I paid or compensated him approximately, 75%, the job is unfinished and he wants it all and threatens a mechanics lien against my home. I read on your site on my phone that a written contract is needed and the job is supposed to be complete?

3 replies

Dec 16, 2019
no
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Dec 16, 2019
Was looking for the answer to my question? Probably messed it up?
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Dec 19, 2019
Owner-occupied residential construction contracts must be in writing signed by the owner.  So the contract is not enforceable.  The contractor normally would have the option of suing you for unjust enrichment for the reasonable value of the services performed.  However, in Arizona, unlicensed contractors cannot file lawsuits in Arizona's courts.  Assuming the contractor is really unlicensed, he has no claim against you.  With respect to a mechanic's lien, if he were to file one the lien would be invalid and he would be subject to a $5,000 fine.
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