our Clear communication protect us both?
When we enter into a business relationship as far as being called on a service call or maintenance agreement call we rely on our common sense and clear upfront description of the problem the work and parts it would require to complete and a time frame and clear and concise quote of the cost for the service and its associated Service and Diagnostic Fee of $69.95 unless on a case by case basis this fee be waved due to major installation or warranty work. This method protects us as far as being paid for our legally rendered service and you for having work done you did not understand, authorize or expect to be so expensive.
What do we use your information for?
Any of the information we collect from you at any time in regards to dispatch and billing or field service fee collections we attest that if and when 4 Arizona Air Control, LLC has custody and control of your name, e-mail address, mailing address, phone number, credit card information or social security number. We affirm this data be secured and keep strictly confidential and never released to any third party without a valid Court Order for disclosure. We will never sell, trade, or otherwise transfer to outside parties your personally identifiable information.
How do we protect your rights and expectations of quality workmanship?
AIR CONDITIONING AND HEATING
1. PD Inadequate heat.
AT Heating system should be capable of producing an indoor temperature of 70º as measured in center of room at 5' height under local outdoor winter design conditions as specified in ASHRAE Handbook (see J Manual tests as specified in ARI standards).
CR Contractor should correct the heating to provide the specified temperatures. The contractor should be responsible for balancing dampers, registers, and other minor adjustments one time for one season. Deficiencies caused by malfunction of system equipment or appliances are subject to the terms of the manufacturer's warranty unless workmanship by the contractor is involved.
2. PD Excessive noise from ducts. AT Ducts should not rattle or "oilcan". CR Contractor should determine cause and make necessary repairs.
3. PD Inadequate combustion air vent
AT Tile should be level within a tolerance of + or – 1/4" from level at time of substantial completion. CR Contractor should make necessary repairs.
What do we do to protect ourselves? We of course expect payment for services rendered at the time of the service and if we are not paid as agreed we will seek legal remedy pursuant to law. Bad check will be reported to the District Attorney for prosecution and collection.
The Arizona mechanic's lien law statutes were initially created by our legislators to protect builders against the
property owner. Parties that supply labor, materials, professional services, fixtures or tools for the improvement of
real property may assert a lien claim against an owner's property, provided they follow the necessary steps
The mechanic s lien can be traced as far back as the Roman Empire. Under Roman civil law, architects, suppliers and laborers had preference over all other creditors. This protection ensured there would be no delay in building the Roman Empire.
Think of the mechanic's lien
as a pre-judgment remedy, which allows subcontractors,
material suppliers and certain
professionals to assert a claim against an owner's property, when there may not be contract privity.
WHO MAY LIEN?
Pursuant to ARS 33-981(A), the following may file a mechanic's lien:
Every person who labors or furnishes professional services, materials, machinery, fixtures or tools in the
construction, alteration or repair of any building, or other structure or improvement whatever, shall have a
lien on such building, structure or improvement for the work or labor done or professional services,
materials, machinery, fixtures or tools furnished, whether the work was done or articles furnished at the
instance of the owner of the building, structure or improvement, or his agent.
Anyone who furnishes labor or materials to someone other than the owner or its agency is not entitled to a
mechanic's lien. This may prohibit claimants who are not in privity with either the owner, prime contractor,
subcontractor or architect. A material supplier in contract with a subcontractor may file a lien. However, a material
supplier to a second tier subcontractor might have difficulty. The statutes do not clearly define this situation.
If you are required to be licensed by the Arizona Registrar of Contractors you must hold a valid license to have lien
rights. An owner may not have to pay if the contractor does not hold a valid license. The Arizona courts are very
strict with the licensing laws.
RESIDENTIAL OWNER OCCUPIED LIMITATION
No lien is allowed against the residence of an owner-occupant, unless the lien claimant has a written contract with
the owner-occupant. The effect of the statute cannot be waived by contract. The owner must hold title to the
property prior to the commencement of construction, and must reside or intend to reside in the dwelling following
completion of construction. PRIORITY OF SEPARATE BUILDINGS
If a multi-building project is for residential occupancy, each building is a separate project and will have a separate
completion date. This is without regard to whether the buildings are constructed pursuant to a separate contract or a
PRELIMINARY 20- DAY NOTICE
The preliminary 20- day notice is a prerequisite to filing a mechanic's lien. This notice is governed by state statute
and must contain five categories of information:
A general description of the labor, materials, fixtures or supplies furnished or to be furnished, and price
The name and address of the person furnishing such labor, materials, equipment or supplies.
The name of the person who contracted for the purchase of such labor, materials, equipment or supplies.
A legal description, subdivision plat, street address or location of the job site sufficient for identification. "In accordance with Arizona Revised Statutes 33-993.01, this is not a lien, this is not a reflection on
the integrity of any contractor or sub contractor.
Notice to Property Owner
If bills are not paid in full for the labor , professional services, materials, machinery, fixtures or tools
furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your
property being improved may be placed against the property.
You may wish to protect
yourself against this consequence by either:
1. Requiring your contractor to furnish a conditional waiver and release pursuant to Arizona
Revised Statutes 33-1008, subsection D, paragraphs 1 and 3 signed by the person or firm giving
you this notice before you make payment to your contractor.
2. Requiring your contractor to furnish an unconditional waiver and release pursuant to Arizona
Revised Statutes 33-1008, subsection D, paragraphs 2 and 4 signed by the person or firm giving
you this notice after you make payment to your contractor.
3. Using any other method or device that is appropriate under the circumstances.
Within ten days of the receipt
of this preliminary twenty-day notice the owner or other
party is required to furnish all information necessary to correct any inaccuracies in the notice pursuant to
Arizona Revised Statues § 33-992.01, subsection I, or lose as a defense any inaccuracy of that information.
Within ten days of the receipt of this preliminary twenty-day notice if any payment bond has been
recorded in compliance with Arizona Revised Statutes § 33-1003, the owner must provide a copy of the
payment bond including the name and address of the surety company and bonding agent providing the
payment bond to the person who has given the preliminary twenty-day notice. In the event that the owner
or other interested party fails to provide the bond information within that ten-day period, the claimant shall
retain lien rights to the extent precluded or prejudiced from asserting a claim against the bond as a result or
not timely receiving the bond information.
4 Arizona Air Control, LLC
P.O. Box 4033
Apache Junction, Arizona 785178