A mechanic's lien (called a "materialman's lien" in some states) is a tool for those who do work to improve real property. The lien is used to ensure payment for services and materials. The lien attaches to the property when the work is done, or the materials delivered, and remains attached to the property until payment is made. If the property owner does not pay for the services or materials, the person who performed the work or sold the materials may initiate a court proceeding to enforce the lien. That proceeding could require a sale of the property to pay for the services and materials. Expert legal counsel can help you through mechanic's lien issues, and can help protect your property in the event of a lien proceeding.
Phoenix Construction Law Attorneys
Righi Fitch Law Group represents contractors, subcontractors, builders, developers, construction companies, building owners and others involved in the construction industry. To learn more about construction law, please review the general information below and visit our construction law practice area page. To arrange a consultation with a lawyer experienced in construction law, please call
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Frequently Asked Questions About Construction Law
Q: What is a building code?
A: A building code is a law or ordinance enacted by a local authority that sets out the minimum standards that must be met for building design, construction, quality and location. There are also specialized codes for plumbing, electrical and fire safety. Building codes also cover most remodeling projects.
Q: What permits do I need to get?
A: Every community has different requirements. You probably will at least need a building permit. You may have to obtain a special permit to build in a particular area. You should also be aware of any zoning or land use restrictions on the site where you plan to build.
Construction Law - An Overview
Construction of both residential and commercial buildings can involve numerous legal issues, including construction-related disputes. When you are faced with construction related legal issues, you need the assistance of the experienced attorneys at Righi Fitch Law Group in Phoenix, Arizona.
The construction contract is the essential document that sets out the rights and responsibilities of each party to the agreement. It is important that you read this document carefully, and that you understand it fully. The legal consequences may not be obvious, so it's important to have a lawyer review it with you. While some compromise may be necessary, you need to be certain that this truly is the agreement you want to make. If it is not, you should not sign the agreement unless the changes you want are made. You will be legally bound by this contract, and it is no defense to say that you didn't read it all the way through.
Zoning and Land Use
Property owners are not entirely free to do whatever they want with their property. Most property is subject to governmental oversight on the uses to which the property may be put. It is important that property owners are familiar with these zoning and land use restrictions before they attempt any major work on their property.
Disputes between a contractor or a construction company and a customer are all too common. Disputes often arise out of delays in getting the work done, unsatisfactory work, or a customer's failure to make payments. Construction-related disputes can consume a lot of time and money on the part of everyone involved. In many cases, the expense involved in pursuing a dispute is far out of proportion to the money actually at stake.
Hiring a Contractor
The relationship between a property owner and a contractor can work smoothly if both parties are willing to take the steps needed to do so. It can also be a contentious one. It can also work smoothly, if both parties are willing to take the steps needed to do so. An attorney with experience in construction law will help you do what is necessary to make sure things go according to plan.
Very few buildings are completed to absolute perfection, but not every variance in quality will be considered a defect by a court. The defects that are most often pursued are those that reduce the value of a building or that interfere with its use. An attorney with experience in construction law can advise you about how to handle your construction defect claim.
Construction Law Resource Links
American Arbitration Association
Resources on alternate dispute resolution, including construction-industry specific arbitration.
HUD's Client Information and Policy System (HUDCLIPS) provides access to HUD's official repository of policies, procedures, announcements and other materials.
International Code Council
Model building codes and construction standards.
National Association of Home Builders
Trade association for residential building and remodeling contractors.