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What is needed after filing a pre lien in order to activate lien rights in AZ

ArizonaLien DeadlinesMechanics Lien

Currently we have a project that is at 95% complete, due to some issues we have been notified that we will not be finishing the project and another general contractor has been hired to finish the last 5%. we have only been paid to approx 75% completion and the balance owed to us just for the last bit of work. Currently we are owed 11500. just for the work that was done. Can we now proceed to file a lien because they won't pay us or do we need to invoice them and have it rejected? I notice the law uses the term at completion but technically the job isn't complete yet and we won't be completing it so can we not file until the other contractor completes the project. Just looking for guidance so when we do file the lien its in the proper order of operations and at the correct junctures of the project. Thanks!

1 reply

Nov 17, 2017
After the 20-day preliminary notice has been provided timely at the start of the project, the next step in claiming a mechanics lien in Arizona is filing the claim of lien with the county recorder of the county in which the property is located. The deadline by which the the lien claim must be filed is "one hundred twenty days after completion . . . or if a notice of completion has been recorded, within sixty days after recordation of such notice." But note that this is the deadline to file, not some initial trigger. Once a party has furnished labor or material to the improvement and is unpaid, that party has the ability to file a lien to secure the amount owed (provided all requirements are properly met).

As a practical matter, most claimants don't file a lien until it is clear that payment is not forthcoming - which generally entails sending an invoice or otherwise requesting payment, and having that request go unpaid.
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