Registrar of Contractors Complaints for Non-Payment

Contractors and subcontractors throughout Arizona are familiar with the Arizona Registrar of Contractors ability to cite a licensed contractor for poor workmanship.  However, many contractors are unaware that the Arizona Registrar of Contractors (“ROC”) also has the authority to cite a contractor or subcontractor for failure to pay money it owes.  The ROC can suspend or revoke a contracting license for:

“Failure by a licensee or agent or official of a licensee to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor when the licensee has the capacity to pay or, if the licensee lacks the capacity to pay, when the licensee has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.”

This authority is provided at: A.R.S. 32-1154(A)(10)

This can be an excellent tool to assist a supplier or subcontractor in collecting payment for work performed.  A ROC complaint can be used alongside a mechanic’s lien claim or a lawsuit to collect payment.

Durazzo, Eckel & Hawkins represents owners, contractors, subcontractors and suppliers in the ROC and in construction collection matters.  For further information about the ROC, liens, or options for collecting payment on construction projects please contact any of our attorneys (Pat Durazzo, Neal Eckel or Eric Hawkins) at 520-792-0448 or eric@durazzo-eckel.com.  Our offices are located at 45 N. Tucson Blvd. Tucson, AZ 85716.

Written by

Eric Hawkins received his B.A. from the University of Arizona, and his J.D. from the University of Arizona College of Law. Eric has been with the firm since his admission to the bar in 2006, and became a partner in 2011. Eric practices primarily in the areas of Construction law, Employment law, and Business law. This work includes contract preparation and review, partnership agreements, construction collection claims, Registrar of Contractors matters and disputes both in and out of the courtroom. Over the past five years Eric has successfully litigated several cases involving business fraud, construction defects, and employment disputes. Eric has worked with the Alliance of Construction Trades in Tucson, and represents subcontractors and suppliers in the organization. Eric has written numerous articles on various issues including indemnification, construction contracts, insurance law and employment practices.