Hello, this is Lucy with Straight Up Builders, Our Company built an addition for a friend who is now refusing to pay the last draw, we never filed a pre Lien on the project, i am wondering if i can file a lein this late in the project
1 reply
Aug 22, 2022
Arizona lien law is strict. Where no pre-lien was filed, ARS 33-0992.01(E) might afford a limited lien remedy depending on the facts. Contact LevelSet for details of a post-completion lien notice.
ARS 33-0992.01(E) states:"If labor, professional services, materials, machinery, fixtures or tools are furnished to a jobsite by a person who elects not to give a preliminary twenty day notice as provided in subsection B of this section, that person is not precluded from giving a preliminary twenty day notice not later than twenty days after furnishing other labor, professional services, materials, machinery, fixtures or tools to the same jobsite. The person, however, is entitled to claim a lien only for such labor, professional services, materials, machinery, fixtures or tools furnished within twenty days before the service of the notice and at any time thereafter."
A construction company owed money should also keep in mind that a lien is one tool to help ensure collecting on a judgment. Even if a lien is not an option there might be other tools available to pursue a judgment and collect. You may contact me to discuss specific options for a specific situation.