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Can we send prelim notices and file liens?

Arizona

Our company is a construction cleaning company. Throughout construction jobs, we do cleaning as directed by the construction companies that hire us to do so. Sometimes this is cleaning the site between trades, sometimes make ready following the substantial completion of construction and sometimes we are asked to clean the construction trailers on a bi-weekly basis during a job. Since we provide a service that benefits the contractor and the owner of the property being improved, can we send notices and file liens?

1 reply

Dec 9, 2021
Arizona has not answered this question. The courts of other states have ruled that site cleanup does not qualify for mechanic's lien rights because that labor is not incorporated into permanent improvements to the land that is being worked on. That is probably also the answer in Arizona, but I am not aware of whether a court has ruled specifically on that issue. Please be aware there is a $5,000 fine for recording an invalid mechanic's lien, so if you do not have mechanic's lien rights it can be very expensive to find out.
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