Omalley Lumber Co. v. Riley

At issue in this appeal is the construction of A.R.S. § 33-1002(B) as it existed in 1976 and 1977 which limits the recording or allowance of mechanics liens against "the dwelling of an owner-occupant" to those persons who contracted in writing with the owner-occupant of the dwelling. Specifically, the question is whether a valid lien can be filed in a case where the existing dwelling was removed down to the concrete foundation slab prior to reconstruction of a new dwelling upon the same site and foundation.