Can a contractor sue for non-payment without a written contract?

Question

Accepted Answer

Short answer: Nothing in the provided sources requires a written contract for a contractor to sue for non-payment, but none of the sources directly addresses whether an oral contract is enforceable in a civil collection action — so I can only answer partially.

What the sources do establish:

1. Licensure is the key prerequisite to suing. No contractor may "commence or maintain any action in any court of the state for collection of compensation" without alleging and proving that it was a duly licensed contractor both when the contract was entered into and when the cause of action arose . The statute refers to "the contract sued upon" without requiring it to be written .

2. Arizona law expressly recognizes oral construction contracts. The registrar's investigative statute defines "construction contract" as "a written or oral agreement relating to the construction, alteration, repair, maintenance, moving or demolition of any building, structure or improvement" . The lien statute likewise provides that persons who furnish labor or materials have lien rights "whether the work was done or the articles were furnished at the instance of the owner... or his agent," without requiring a written contract .

3. Performance under a construction contract entitles a contractor to payment from the party with whom it contracted, and the prompt-pay provisions impose payment deadlines and interest on late payments without conditioning those rights on a written agreement . However, some prompt-pay protections depend on contract terms — for example, payment is not required unless the contractor provides a billing or estimate "in accordance with the terms of the construction contract between the parties" .

Limitations of this answer: None of the provided sources directly addresses whether a contractor may maintain a civil breach-of-contract action on an *oral* contract, or whether any statute of frauds applies — that question is only partially covered here. The sources also do not define what proof would be needed to establish an oral agreement. For advice on your specific situation — especially whether your particular agreement must be in writing — consult a licensed Arizona attorney.