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If I missed the 120 day window to file a lien can I still send a notice to try and retrieve payment?

ArizonaLien DeadlinesLien on FundsRight to Lien

We are a subcontractor on a job that was completed in Phoenix, Arizona. We filed a pre-lien and the job finished back in September 2021. It is past 120 days. I understand we cannot file a lien at this time. However, what are our other options of recourse? Can we send them a notice to pay or some other notice to try and initiate payment?

3 replies

Apr 28, 2022

I am sorry about the issues. You are always free to sue. Send the demand. If that goes nowhere, hire an attorney for them to make the demand and threaten suit. 

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Apr 28, 2022

"In Arizona, the deadline to file a mechanics lien is 120 days from the completion of the project as a whole.

Does this mean this when the subcontractor is done with the work or when the completion of the job as a whole is completed? We are trying to determine when the 120 days from "completion as a whole" would be?

how would we know when the job was completed as a whole? Where would we find this information on when the enitre job was done?

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Apr 28, 2022

That statement is incorrect. It is the earlier of 120 days after completion of the project; or 60 days after the owner records a notice of completion with the county recorder.

The date of completion, which is the earliest of: 30 days after final inspection and written acceptance by the governmental body that issued the building permit; or the date that is 60 consecutive days after all work on the project has stopped, except where the work stopped due to strike, material shortage, or act of God; or the last day of work if there is no building permit. 

Check if notice of completion was filed. Check with the applicable agency on building permits and see. If no buiding permit, talk to someone on site. Get legal advice to avoid mistakes. That costs a fraction of what can be lost by mistakes in this process. 

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