We are a sub-sub and have completed our portion of a very large commercial project. The project is ongoing, can we file a lien after the Notice of Completion is filed even though that will be more than 120 days since we finished our portion? Which was material supplier only no install.
Fortunately, the "completion date" for lien purposes in Arizona is not dependant on when a subcontractor completes their portion of the work and focuses on when all work is complete under the master contract. Completion is defined by Arizona statute as the earliest of:
1 Thirty days after final inspection and written final acceptance by the governmental body which issued the building permit for the building, structure or improvement.
2. Cessation of labor for a period of sixty consecutive days, except when such cessation of labor is due to a strike, shortage of materials or act of God.
Thus, if the project is still ongoing, even if your portion is done, then under the law, there isn't a completion date yet.
Because the project is likely not yet "completed" under the law, you might be able to file a lien, but only if you properly served a preliminary 20-day notice as required by ARS 33-992.01. You should consult a construction attorney to review your notice and determine whether you have completed all requirements to filing a valid lien.