We are a cleaning company and had a job done back in sep 22, 2020 and haven't been paid. I was told I couldn't submit a lien because its been more than 120 days since the job was completed.
1 reply
Jul 22, 2021
The statutes are very strict on timelines. Under ARS 33-993, provided you have satisfied all other requirements to recording a lien, you can record a lien within 120 of completion. "Completion" however is not necessarily the date on which you finished your work. "Completion" is defined under the statute as:
C. For the purposes of subsection A of this section, "completion" means the earliest of the following events:
1. Thirty days after final inspection and written final acceptance by the governmental body which issued the building permit for the building, structure or improvement.
2. Cessation of labor for a period of sixty consecutive days, except when such cessation of labor is due to a strike, shortage of materials or act of God.
D. If no building permit is issued or if the governmental body that issued the building permit for the building, structure or improvement does not issue final inspections and written final acceptances, then "completion" for the purposes of subsection A of this section means the last date on which any labor, materials, fixtures or tools were furnished to the property.
You should have an attorney look at the specific facts of your contract and situation to determine whether you still have lien rights.
Even if you don't have lien rights, you may have rights to pursue the property owner for breach of contract and unjust enrichment.