Legal Question in Construction Law in Arizona

2 years ago I hired a local construction company to repair my house after a hail storm. The repair contract Included repairing the roof, siding and windows. They declared the payment amount for "insurance proceeds" which I was happy to pay them. After they finished the siding and roof I was unable to contact the company for 6 months. (I was not in a rush since the roof was fixed already) They did not seek payment or return any of my calls. After many months they are now seeking payment and are refusing to fix the windows. They are stating the "insurance proceeds" initially agreed upon does not provide them with enough payment to finish the windows. They are now suing me for the balance of work performed with a small $200 credit for their unwillingness to complete the windows.

I only want the company to finish the job. I am more than willing to pay once it is complete. Can they legally sue and win if they haven't completed or are unwilling to complete the job? It will cost me a lot more to finish the job since I have to hire another company. Thank you

Asked on 6/11/12, 8:35 pm

1 Answer from Attorneys

Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

If you have been sued, you probably should contact us to take a look at the legal paperwork right away. You only have 20 days to file an answer or the construction company will take a default against you. We would need to see a copy of the contract to determine whether Title 32 allows you to sue the contractor, make a construction claim with the governing agency for contractors and proceed against the contractors recovery fund. There is a 2 year cut off date on ROC claims... so you are in a bit of a time crunch. Call Stephanie Coulter of this office at 602 462 1004 to make arrangements to talk to me about this matter.

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Answered on 6/12/12, 5:00 am

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