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Project start date - when equipment ships or delivers?

ArizonaLien DeadlinesPreliminary Notice

We are an equipment supplier and need to know: Is the project start date is that the date the first piece of equipment SHIPPED or DELIVERED? Is the project end date the date that the last piece of equipment SHIPPED or DELIVERED?

2 replies

Mar 11, 2020
Settling on a specific first furnishing date and last furnishing date can be a little confusing. But, both dates are important for Arizona subs and suppliers. They're used for different reasons, though, so let's look at them separately.

First furnishing date for Arizona suppliers

A project's first furnishing date is important for Arizona suppliers because it's the date from which the preliminary notice deadline will be measured. The AZ preliminary notice deadline is set by ARS § 33-992.01(C), which states that notice "shall be given not later than twenty days after the claimant has first furnished labor, professional services, materials, machinery, fixtures or tools to the jobsite..." So, because it refers to when materials are furnished to the job site - that deadline would start running from when materials are actually delivered to the property. At the same time, it's absolutely OK to send preliminary notice a little early in Arizona. So, to play things safe, it might make sense to send notices based on the date when materials are shipped. That way, any delays in processing notices or other potential issues might be remedied before the notice deadline. Plus, if notice is sent late, that notice will still protect lien rights for materials furnished during the 20 days before the notice. So, in a situation where notice needed to be revised or resent for some reason, that might create an opportunity for full protection despite having to redo the notice.

Last furnishing date for Arizona suppliers

First, keep in mind that Arizona's mechanics lien deadline runs from project completion and not the last furnishing date. So, unlike a lot of other states, the last furnishing date isn't quite as important in Arizona. Still, the last date when materials are furnished will generally be the last date when materials were actually delivered to the job site. Though, again, playing things conservatively and using the ship date could make sense too.

Additional resources on first and last furnishing dates

I hope this information was helpful! In addition to the above, the resources below should be helpful. - Lien Rights for Material Suppliers: First Furnishing Date Delivery Date or Shipping Date? Does it Matter for Lien Deadlines? - What’s the ‘Date Labor or Materials Last Delivered’ and How Can I Prove It? - Ultimate Guide to Arizona’s 20-Day Preliminary Notice
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