I am starting work as a consultant on a development in Arizona. I am based in NY. Is there a notification process that I need to file that will allow me to protect myself in the future?
1 reply
Jan 30, 2020
That depends on the nature of the consultancy. The mechanic's lien statute does afford mechanic's lien rights for certain "professional services" that do not provide labor or materials to a construction project. Generally speaking, the professional services that qualify are architectural, engineering or land surveying, as those terms are defined under Arizona law. Those professionals must be licensed by the State of Arizona to have access to Arizona's courts. In other words, even if they have mechanic's lien rights, they cannot sue to foreclose that lien in Arizona if they are not licensed by the State of Arizona.
With respect to the notification process, a contractor with mechanic's lien rights must serve a preliminary 20 day notice on the owner, general contractor, construction lender and upon the person who is receiving the contractor's services. The contents of the preliminary notice are set forth in the mechanic's lien statute and the notice should be served within 20 days after having first provided the labor for which the lien may ultimately be sought.
If the project has payment/performance bonds, then you may have rights depending on who obtained the bond and what claims are allowed under the language of the bond.