Kingman, AZ asked in Contracts, Real Estate Law and Construction Law for Arizona

Q: What recourse do I have with sub-contractors who require a deposit but do not perform in a timely manner?

I am building a single family residence. Currently I have an engineer who took a deposit but is not performing, or responding. Small claims court the only choice? What about other contractors down the road? Maybe need a contract to cover myself.

1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: This is a complicated matter. There are many things you need to do to protect yourself. Using a good contract with the general contractor is a first step. If you are acting as the general contractor, having good contracts with the contractors you hire is important. As for the engineer you hired and who appears to have abandoned the job, a small claims court action to recover the deposit would be appropriate if the engineer refuses to contact you. There is much more to know and too little space to set it forth here. You may contact our office and schedule an initial conference so I could learn more of the facts and answer your questions. Our initial conferences are complimentary.


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