Full question:
An neighbor did some work on my home which was done improperely and I refused to pay him as much as he requested. He filed a lien on my home. How is that possible in AZ. He does not have judgement or a contract with me nor did he file a 20 day notice What do I do and how do I get this lien removed from my home
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Arizona
Answer:
The situation depends on whether lien waivers were obtained. Even without a written contract, it’s possible to have an oral contract, though these can be difficult to prove. In Arizona, a Pre-Lien Notice must be served within 20 days after the work begins. If this notice was not provided, the neighbor may not have a valid mechanic's lien for work performed beyond that period.
If the lien was filed improperly, you can contest it. You may want to consult with a legal professional to explore your options for removal. If the neighbor does not have a judgment or a valid contract, you may have grounds to challenge the lien.
Additionally, homeowners can obtain lien releases or waivers from contractors and subcontractors to protect against future liens. A lien waiver relinquishes the right to file a lien for a specific payment, while a lien release confirms that payment has been made and the claim is satisfied. It's important to ensure that any waivers or releases are properly executed to be enforceable under Arizona law (see Ariz. Rev. Stat. § 33-1008).
For further assistance, consider seeking legal advice to navigate the lien removal process effectively.
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.