The plumber I hired had a mitigation specialist come to my house to assess water damage and I signed documents for them to run a claim through my home insurance. Within 48 hours they wanted to demo my kitchen and bathroom before my claim was approved. I emailed company and called stating I wanted their equipment removed from my house and no longer wanted them to work on my home. I received a 20 day preliminary notice. I am in AZ. What does this mean? Should I be concerned that they have a lien on my house? I asked for a detailed invoice, but have not received it. The preliminary notice states $3000 for equipment and materials. What do I do?...Read More
I am a subcontractor working on a commercial project. My GC and I had a personal dispute, (the GC failed to pay me for 5 months on an unrelated job for the State of Arizona, and my "letter of intent to lien" gave notice to all interested parties of their failure to pay their subcontractor- this resulted in d the GC will no longer be hired for any future projects for the State of Arizona) therefore, in turn, the GC retaliated for my request for payment by terminating the remainder of all contracts with me in progress, (all unrelated) as well as any future contracts. However, there have been two payment applications already submitted for completed work. What are my lien deadlines, and are they affected by the early termination of our contract without cause? ...Read More
I'm working in Arizona on a commercial job, and was hired by the restaurant manager. Is the restaurant manager considered the GC or the Owner Designee on this project?...Read More
We are a commercial general contractor in AZ. We recently completed work on (and were paid by owner for) a project that we had filed a prelim notice for with no issues . Last month an amendment to the original contract was created and executed for a completely new scope of work on the building next to the main building that we just completed construction on. It's really like a completely separate project, with a different address and completely separate set of financials. My understanding is that the reason an addendum was done, as opposed to a new contract, was that the owner preferred this for administrative reasons. With work now commencing on this new project, I need to protect this job. Can I file a new prelim based on just the dollar amount on the amendment? Or am I required to file an amended prelim to the original since addendum is tied to the original contract? If the latter, is there any way around this? The owner may run into issues with their lender if we have to file the amended one. ...Read More
I am a subcontractor that provided labor for green house construction as well as general farm labor to X Farm. I Did not send the 20 day prelim notice. I have a contract with X farm. what can i do to put a lien on blossom farm?...Read More
What does a "real exception is wage earners" of #1 of this artical mean? I am not a contractor and did various work for the owner of the property(i.e. painting, built shelving, did yard work, cleaning, etc.) just about anything that did not require a license. Did I need to file a 20 day preliminary lien?...Read More
Hello,
We had a sub-contractor & general complain to us about sending prelim notices to owners on owner occupied dwellings.
In this instance the owner purchase the land and are building a home, per Arizona law this is considered an occupied dwelling.
The General on the project mentioned that Cemex sending prelims notice to this particular owner is illegal, since you cannot place a lien on an owner occupied dwelling.
Are we wasting resources on sending these prelims even thought we don't have any rights? is there anything I could tell the GC/Sub about these prelims. ?...Read More
I am an Auto Mechanic and I own the business. I am just barely getting my business license. I have a customer who is not paying. I did not know about the 20 day preliminary form so I never mailed one. Am I still able to get a lien on this vehicle? Also am I required to send out the 20 day form? If so should I just sent one out for every customer I get? Also will it matter that I did not have a business license at the time of the repairs? Thank you for your time....Read More
We are an Arizona general contractor. Our client is refusing to make the final payment. We just moved here this year and we were not aware that we have to give preliminary notice no more than 20 days after starting the project. Are there any remedies we have to still file a lien and get paid?
Lisa Chima
C: 559-970-6880
...Read More
I am subcontractor that provides shotcrete services in AZ. The amount due$5720.Customer paid $4000 leaving a balance of $1720.Does it matter if the 20-day notice shows $5720 instead of the remaining balance? ...Read More
We are an equipment supplier and need to know:
Is the project start date is that the date the first piece of equipment SHIPPED or DELIVERED?
Is the project end date the date that the last piece of equipment SHIPPED or DELIVERED?...Read More
We prepared drawings for a contractor in Canada in anticipation of a supply and install contract in conjunction with the project. When they failed to contract us, we billed them for our drawings (since we found out they were using them to provide to other contractors to build our system) . They have failed to pay our invoice after acknowledging it. What avenues of recourse do we have, if any (since they're in Canada and we were never in contract)?...Read More
We are a General Contractor in the State of AZ. The Preliminary Notice that was sent to our client has a notarial certificate on the last page that appears to be for the recipient to sign at the time of receipt of the notice . Is this a required step for the document to be valid? Am I required to have them mail it back to me once signed? Also, does it need to be notarized? Thank you....Read More
We are a GC and commenced work last week at a project for which we have entered into a cost plus agreement with the owner. Since we don't have a specific dollar amount on our contract, are we to use what we believe will be the total based on our initial schedule of values? At this point, it is just a preliminary budget because we don't yet have the building plans and won't until well after our first 20 days since they are still in the works with the architect. If our dollar amount ends up increasing, would we just file an amended notice? And would we do that at the time we know what the revised amount will be, or do we need to wait until we exceed the initial amount by 30 percent? Thank you. ...Read More
I'm a subcontractor and have been working with a larger GC who has been stringing us out of the last 3 months. I need to know how to get paid after already signing a contract....Read More