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Can I still file the lien

I have a question I did a job in may Job completion was done 5/20/2020 never had a problem with payment. But when final payment was due I got a lot of excuses filed the 20 day pre. on 7/28/2020. Tried talking to owner he said he paid the GC but he will get in contact with him an he will call. Never called sent out emails, text message to them both GC final called said they will settle everything up and I will get paid in 3 days we are now in 5 days called today no answer they won't call or text. I filled the lien as of today will I have a problem getting my money from them?

1 reply

Aug 18, 2020

I'm sorry to hear about the issues that you have been having. In Arizona, the deadline to file a mechanics lien is 120 days from the completion of the project as a whole. However, if notice of completion was filed, the deadline is shortened to 60 days from the date notice was filed. Considering you did not detail that you filed a notice of completion, it is likely that your filing of the mechanics lien is within the 120 day mechanics lien deadline. In Arizona, a lien is effective for 6 months from the date of filing. After you recorded the Arizona lien, you must serve a copy of the lien on the property owner within a reasonable time. Within that 6 months, the claimant must initiate an action to enforce a mechanics lien. Within 5 days of filing, a lis pendens notice must be filed. This 6 month deadline can not be extended. If the 6-month period passes without an action being filed, the lien will expire and become unenforceable. Keep in mind that if you get paid, you must file a lien release form to discharge your lien claim within 20 days. This post is likely to be helpful to you in regards to Arizona Mechanics Lien: Arizona Mechanics Lien Guide and FAQs

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