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Home>Levelset Community>Legal Help>Hello....I am filling out an Arizona Claim of Lien and I had a question. When it asks for the completion date....on this project there has not been a completion date. The owner hired a new contractor and we were working under the old contractor. The last time we worked for them was Dec 2016 and I know you have to file within 120 days of completion but it was never completed so I'm a bit confused. Thanks!

Hello....I am filling out an Arizona Claim of Lien and I had a question. When it asks for the completion date....on this project there has not been a completion date. The owner hired a new contractor and we were working under the old contractor. The last time we worked for them was Dec 2016 and I know you have to file within 120 days of completion but it was never completed so I'm a bit confused. Thanks!

ArizonaMechanics Lien

We are a subcontractor that contracted with the general contractor.

1 reply

May 20, 2019
That's a good question! You're right about the Arizona mechanics lien deadline - it's generally 120 days from completion (though, if an owner or their contractor files a Notice of Completion, then the deadline is a mere 60 days from the date that was filed). To be sure, this refers to the overall completion of the project - not the claimant's completion of their work.

So, if a project is ongoing under a different contract, or if fewer than 120 days have passed since the completion, or if fewer than 60 days have passed after a Notice of Completion was filed, then the right to lien would generally be available for a claimant who had provided work on the project some time ago. Note, though, that if the project was abandoned somewhere along the way, that could trigger the project being considered "complete" for the purposes of Arizona's lien laws. Under ARS § 33-993(C)(2), cessation of labor for a period of 60 consecutive days will be considered "completion" of the project.

In any event - under ARS § 33-993(A)(5), a statement of the project's completion must appear on the face of an Arizona mechanics lien. So, even where project completion has not yet occurred, the lien claimant must indicate the project's status on the lien claim itself.

Regarding the timing of lien claims, keep in mind that even where lien rights might no longer be available, there are always other options for recovery, and some of those options are discussed in these articles: (1) Can’t File a Lien? Here Are Some Other Options For Recovery; (2) Don’t Want to File a Mechanics Lien? Here Are 5 Other Options. For more information on Arizona's notice and lien rules, and for a look at Arizona's lien statutes, this resource will be valuable: Arizona Lien & Notice Overview.
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