Contractor Refuses to fix and Complete my house!

Can I place a lien on Contractor's property?

Arizona -
My question - can I file a lien on the Contractor's property? The property was in his corporation's name when he signed the contract on my house and he has only recently changed the ownership name to her personal property.

I hired a contractor in 2004 to build a house on my property. I noticed in March of 2005 that the concrete was cracked and heaving. The contractor refused to address the issues, so I contacted the Arizona Registrar of Contractors, they issued a Work Order. The contractor refused to solve the problems. I hired an engineer to discover the problems and it turns out that the contractor did not compact the soil, install the base rock or rebar netting and in many places did not pour enough concrete. The engineer believes that the damage to the house is only going to get worse. The AZ ROC revoked the contractors license; however, a Superior Court Judge stayed the revocation pending a $120,000 (this is the majority of money that he has been given by the bank) cash bond from the contractor. The contractor tried having the Superior Court Judge to rule that my claims were not valid; however, last month the judge issued a Minute Order stating that the contractor has until 7/26/2006 to file the bond with the court or his license will be REVOKED. The attorney that I have does not want to represent me - he stated that I need to let the contractor finish the house and I should try to sell it (however, the house cannot pass inspection). I've contacted another attorney; however, I'm unable to come up with the money needed, because I can not take a loan on the house since it is not complete. The contractor owns land and has recently changed ownership of one of his properties from his corporation to his personal name. He has built a house on the property and it is almost complete. I'm afraid that he is not going to put up the bond money and will allow his contractor's license to be revoked. I afraid that I will lose everything - any advice is appreciated.

You might find these links on AZ construction defect laws helpful:

http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/47leg/2R/laws/0275.htm

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/12/01363.htm&Title=12&DocType=ARS

http://www.sackstierney.com/articles/defect.htm

I'd be wary of a lawyer who says "sell the house" as if it's just that easy. The house has major problems you'd have to disclose, meaning a financial loss. To not disclose means putting yourself at risk of being sued. Since your lawyer won't take the case keep looking.

You might also check out some consumer sites. There are ways to hold these builders accountable in many cases but it's a lot of work, thus lawyers won't always take it on. The first organization below has people in AZ, not sure about the 2nd. (I'm not in AZ.)

http://www.hadd.com

http://www.hobb.org

In some states you can sue a builder's corporation as well as sue them personally. If you win you may be able to attach his/her personal as well as corporate property. Collecting a judgment is hard, another reason lawyers often won't take a case. You mention a bond, but does the builder have insurance? If so that may a possibility to collect from. It varies a great deal by state as to what you have to do, and what you can do, but it boils down to being determined, IMO.

Thank you for your response

Thank you for your response. I agree - I told the attorney that selling the house to somebody is totally against my values - why would I ever want to inflick my difficulties on somebody else? I wiil continue to search for a solution and keep the situation in Prayer - THANK YOU AGAIN!

State: NJ, We are in same boat, my builder did shaddy work, let me know if lien can be filled on builder's personnel property ? what i know is you can put some kind of lein on the property builder is building currently, i guess it will be for attachement on his profit from his current construction jobs. Also does builder's insurance covers any punitive, pain and suffering damages ?? If i find any thing i will post here. but one attorney told me and if i understood him correctly all the laws are to protect the builders in NJ and home owners are left dry, no protection for home owners ? loosing license builder can reapply forming another company. stupid laws No course for recovery or punishment to shaddy builders

To Vinnie L, the state of NJ has passed or is passing laws to hold contractors more accountable. I believe that even if passed there could still be a problem with getting those laws enforced. http://www.state.nj.us/sci/nci.shtm Your state's attorney general's office is where you should report contractors who take money but don't do the work. They may see it as theft.

I agree that builders shouldn't be allowed to hide behind different names, but that is unfortunately a tactic they make use of.