Mechanic's Liens are a way for contractors and suppliers to secure rights to payment. There are a collection of laws in Arizona that must be complied with in order for a lien to be enforceable. Generally, these requirements are that a pre-lien notice be sent to the owner and a mechanic's lien is filed describing the work. For this reason, it is important for those in the construction industry to maintain checklists and calendar deadlines to ensure that notices, liens and lawsuit are timely filed to secure their rights.
Once a mechanic's lien is filed, it creates a cloud on the property's title, making it difficult for the property owner to sell or refinance the property until the lien is resolved. The lienholder is also entitled to and has priority rights to foreclose on the property. For that reason, it is important for owners to obtain lien releases from all involved in a project to ensure payments are properly made and credited. Property owners have the right to challenge a mechanic's lien through legal proceedings if they believe it was improperly filed.
Sandoval Law has experience litigating mechanics liens on behalf of owners, general and subcontractors and suppliers. Lawsuits involving mechanic's liens have strict deadlines and significant consequences. These lawsuits involve overlap between construction and contract law. Should you find yourself in a predicament involving mechanics liens, we are here to assist and serve as a resource.
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