In Arizona, licensed contractors have been afforded mechanisms to ensure they are paid for work completed on residential and commercial properties. One such mechanism is a licensed contractor’s ability to record a mechanic’s lien against a residential or commercial property when they are not immediately paid for the work or materials supplied to the job site. If after recording a mechanic’s lien against a property, the contractor remains unpaid, Arizona statutes afford it the right to file a lawsuit to foreclose its mechanic’s lien and take the property in an effort to recoup the monies owed on that project; provided the contractor initiates the foreclosure lawsuit within the applicable time periods set forth in the statute(s).
While recording a mechanics’ lien is a fairly straightforward and easy process (provided the contractor has met the preliminary requirements for filing a lien), the laws for enforcing mechanics liens can be complicated and confusing. To reduce the risk of the alien being challenged, the contractor is wise to seek the assistance of an experienced mechanic’s lien attorney prior to recording the lien. In Arizona, if a mechanic’s lien is improperly recorded against a property – for whatever reason – statutes provide that the property owner can initiate a suit against the contractor lien holder for statutory and/or treble damages.
If you are a contractor, to avoid the risk of recording an invalid lien and being ordered to pay monies to the property owner — on top of not being paid for the services and/or materials you have already provided to the property — you should consult with an experienced construction law attorney, like those at The Peddy Berg Law Firm, who has experience drafting, recording, enforcing and defending mechanic’s liens. If you are a property owner, and you believe a contractor has improperly recorded a lien against your property and you have been damaged as a result, please call the experienced construction law attorneys at The Peddy Berg Law Firm.
The Peddy Berg Law Firm, PLLC is dedicated to providing exceptional legal services and outstanding customer service, all at a rate you can afford. If you need an experienced mechanic’s lien attorney in Scottsdale, please contact The Peddy Berg Law Firm, PLLC online or by calling 480-382-3109.