Category Archives: Law Resources

CAN YOUR HOME BE LIENED?

One of the most frequently asked questions in residential construction is whether a mechanics and materialmen's lien can be filed against a residence. The general rule is that a lien cannot be recorded by the person claiming the lien against the dwelling of a person who became an owner-occupant prior to the construction, alteration, repair or improvement, except by a person having a written contract directly with the owner-occupant. This means that if you have a written contract with a general contractor to perform work at your home but no written contract with any subcontractors...
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City of Tucson Construction Fairness Ordinance

Purpose The purpose of the CFO is to assist contractors, subcontractors and suppliers in collecting on accounts where payments should not have been delayed. The CFO does not apply to good faith disputes over the work performed and timing of payment. Instead, it is to punish bad faith failures to pay for work or materials when there are no legitimate defenses to payment. Processing the Claim 1. Owner, general contractor or subcontractor fails to pay for labor or materials within 14 days of completion of work (or as provided by contract) and after delivery of an...
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STOP NOTICES AND BONDED STOP NOTICES – WHAT ARE THEY?

Q: What are stop notices and bonded stop notices? A: A stop notice is given by a claimant on a construction project stating what was furnished or agreed to be furnished, to whom, in what amount and, of that amount, what has been paid. A bonded stop notice is the same except it is given with a bond in the amount of 125% of claim or lien. The bond is for the benefit of the owner, original contractor or construction lender if they suffer damages as a result of the stop notice claim or lien.   Q:...
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