Full question:
My contractor finished work on my house in Gilbert 6/30/08. She did not send me a final bill until 11/08. She has not justified the bill and I call into question the amount. There was not a contract. I have paid her $18,000. Can she still file a lien against my house?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Texas
Answer:
A lien allows a person to retain possession of another's property until a legal obligation, like payment, is fulfilled. In construction, various types of liens can arise, including mechanic's liens. Generally, contractors and suppliers can file a lien for unpaid work or materials provided, even without a formal contract, as long as certain conditions are met.
In Arizona, a contractor must typically provide a preliminary notice and follow specific procedures to enforce a lien. If the contractor did not send a final bill until November, it may be too late for her to file a lien, as Arizona law often requires action within a certain timeframe after the work is completed. Under Arizona Revised Statutes § 33-981, a lien must be recorded within six months of completion unless a lawsuit is filed to enforce it.
Since you did not have a written contract and have already paid $18,000, this may impact her ability to file a valid lien against your property. If she attempts to file a lien, you can challenge it based on the lack of a contract and the timing of her notice. You may want to consult with a legal professional to discuss your specific situation and options.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.