Construction Law & Mechanic's Liens

The construction industry is arguably the most regulated industry in America. Regulations affect the entire construction process, from permitting to warranty work. Statutes govern who may become a contractor, and what type of work a contractor may do. Statutes simultaneously create and limit a contractor’s right to lien properties, issue stop notices, and sue to collect on unpaid projects. They also provide mandatory payment obligations from owners to contractors, and from contractors to subcontractors through the Prompt Pay Act. Administrative bodies like the Registrar of Contractors (ROC) govern the licensing, regulation, and discipline of licensed contractors. These agencies propound their own rules, like the Workmanship Standards, and are governed by their own procedures. Finally, the judicial system is often the ultimate arbiter of construction disputes, and is in turn governed by its own rules and decision-makers.

Understanding each area of construction regulation, and how it potentially affects your projects, is an important way of protecting your contracting license, your employees, and your livelihood. But understanding alone is sometimes not enough, and legal expertise is a necessity. Schern Richardson is there to help resolve construction disputes and to assist in avoiding them. Either way, protecting your business is the ultimate goal.

Schern Richardson knows the ins and outs of the Registrar of Contractors. Whether your license application has been denied or your contracting license is subject to a complaint, the Firm is ready and willing to resolve any issues involving the Registrar.

Mechanic’s and materialmens’ liens are an effective but complex collection avenue. A lien must satisfy dozens of separate criteria to be perfected. The attorneys at Schern Richardson possess extensive knowledge and experience in lien law. The Firm’s attorneys include two contributors to the State Bar of Arizona’s Construction Lien Law Manual, and conduct lien foreclosure actions on a regular basis.

The Firm’s attorneys also have substantial experience with bond claims, stop notices, and construction contract termination and its consequences.