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Arizone lien law

Last delivery of material 3/29, but customer is still on the job. We do not plan to deliver additional material, but the customer is still working on site with material we'd already delivered. The system is showing I have a lien deadline in 3 days - even if I put the completion date to June 2018. We absolutely need to maintain our rights. Do I need to file or not?

1 reply

May 23, 2018

That's interesting. In Arizona, the mechanics lien deadline is based on the completion of the improvement. If a Notice of Completion has been filed, the deadline to file a mechanics lien will be 60 days from the filing of the Notice of Completion. If no Notice of Completion has been filed, then the lien deadline will be 120 days from the completion of the improvement. If the improvement has not yet been completed, then an Arizona lien claimant should be relatively far from their deadline to file. Granted, prior to filing a mechanics lien sending a document like a Notice of Intent to Lien can be effective for recovery, and it should be sent while there is still plenty of time to file a mechanics lien. Also, keep in mind that the lien laws of the location of the project will be the laws that apply. So if a claimant is from Arizona but performs work in another state, the lien laws of that other state would apply.

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