Faith, Ledyard & Faith PLC
888-350-8767 623-806-8994
COVID-19 NOTIFICATION: To protect your safety and the safety of our staff, in response to the threat of COVID-19, we are offering the option to connect with us via telephone, email and video-conferencing. Our staff are fully operational. Please call or email us to discuss your options.
view our practice areas In the section

How may a mechanic's lien affect my Arizona home?

Arizona homeowners may have heard the term lien, but they may not be clear on exactly what such a lien might entail with regards to their home. The two terms mechanic's lien and materialmen's lien are often used interchangeably. The name mechanic's lien is somewhat misleading, as these claims are often used by subcontractors and other construction suppliers, not actually mechanics.

These liens are legal claims that are typically placed by subcontractors or suppliers who have not been paid by a general contractor for their work performed or supplies provided. The lien is held against the home as the subcontractor or supplier tries to recover the money owed him or her.

Unfortunately for homeowners, even if a homeowner has paid a general contractor, if the general contractor has not paid the subcontractor or supplier, there can still be a lien placed against the house. A homeowner may have to double pay if she wants the house to be free of liens, which is essential if a homeowner desires to sell the property. If a homeowner ends up paying a subcontractor or material supplier for work or materials for which she has already paid a general contractor, it may be possible to pursue a lawsuit against the general contractor.

Ideally, a homeowner can avoid a mechanic's lien developing in the first place. Paying with joint checks made out to the general and subcontractor, or paying the subcontractor directly, may prevent a homeowner from having to deal with the potentially messy situation of a mechanic's lien.

Sometimes, however, despite precautions, a homeowner may find herself facing a mechanic's lien on her property. A homeowner may wish to seek out attorney guidance to help determine how best to proceed if she determines that there is a mechanic's lien against her property.

Source: FindLaw, "Understanding Mechanic's Liens," accessed Nov. 20, 2015

No Comments

Leave a comment
Comment Information
  • Lead Counsel Rated LC
  • Paul Faith David Ledyard Distinguished AV | Peer Review Rated | LexisNexis Martindale-Hubbell | For Ethical Standards & Legal Ability
  • Best Real Estate Lawyers in Phoenix

919 North Dysart Road
Suite F
Avondale, AZ 85323

Toll Free: 888-350-8767
Phone: 623-806-8994
Avondale Law Office Map