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Can I file a lien on jobs I haven't been paid on?

ArizonaConstruction ContractLien WaiversPay ApplicationsPreliminary NoticeRetainage

I'm a subcontractor and have been working with a larger GC who has been stringing us out of the last 3 months. I need to know how to get paid after already signing a contract.

3 replies

Jan 12, 2022
If you have properly completed all steps prerequisite to filing a lien, including the preparation and service of a preliminary 200day notice, then you should be able to file a lien provided the project is lienable. You should have a real estate attorney review the matter with you to determine if you have lien rights or, in the event you do not, what alternatives are available for you.
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Jan 12, 2022

Can I put a lien on a job that is complete already?

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Jan 12, 2022
Even if a job is completed, you can still file a lien (provided you have fulfilled the prerequisites to filing a lien) as long as you do so in the timeframe provided by the statutes. ARS 33-993 provides: In order to impress and secure the lien provided for in this article, every person claiming the benefits of this article, within one hundred twenty days after completion of a building, structure or improvement, or any alteration or repair of such building, structure or improvement, or if a notice of completion has been recorded, within sixty days after recordation of such notice, shall make duplicate copies of a notice and claim of lien and record one copy with the county recorder of the county in which the property or some part of the property is located, and within a reasonable time thereafter serve the remaining copy upon the owner of the building, structure or improvement, if he can be found within the county. As long as you can meet the statutory deadlines, you should be able to file the lien. You do not want to delay, however, as the lien statutes are strictly construed and if you miss the deadlines, it can be fatal to your claim. You should consult an experienced construction attorney on this matter.
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