Legal Question in Construction Law in Arizona

Landscape Contractor paid $2,663.00 to regrade a small lawn area of 500 sq feet. Removed grass and small area of red brick. Refused to then haul off dirt as he promised and intentionally delayed the job with excuses. Failed to provide examples of materials for future relandscaping, only completed the regrade 1/4 of the way of the job with 2 men with shovels on four occassions. Contractor failed to comply as agreed on time-frame, was unresponsive to my phone calls, emails and by my fiance (property owner). Contractor cashed check for $2,663.00 and failed to comply to agreement. He prepared an invoice only - no terms and conditions on a contract. I have requested $2000.00 in return and hired a new contractor who has come in and regraded, hauled off dirt, removed 2146 square feet of 4" of 3/4" rock, installed new sprinkler system in less than six hours today. I filed formal complaint with BBB - what is my recourse in getting my $2,000.00 with nothing more than an invoice and his refusal to call me back. He calls me tonight at 8pm and we cannot amicabally resolve. He continues to badger me by phone harassment - I hung up and he continued to call back. Threatening to come onto my proprty and I live here alone while property owner/fiance works out of town. He refuses to pay back $2,000. Can I obtain $2,000 back through small claims first then file with the registrar of contractors - which comes first and any legal advice. Thank you.

Asked on 3/01/11, 9:06 pm

1 Answer from Attorneys

James Sparks Law Office of James D. Sparks


To answer your question, you can start with small claims, the Registrar of Contractors (ROC) or both. The ROC cannot award a money judgment, but they can award restitution, which sometimes forces the contractor to pay, or lose his license. You may also be able to resolve this with a demand letter from an attorney. Feel free to give me a call to discuss further at no charge.

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Answered on 3/10/11, 6:54 am

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