We are a GC in Arizona. We received a conditional certificate of completion and a letter of compliance both from the city. Do these documents shorten my lien rights to 60 days? Also I notice the laws state the deadline begins after "completion of the project as a whole". Both the conditional certificate of completion and the LOC reference just the completion of the shell with TI work still to be done. The TI work is to be completed under a separate building permit. Does this extend my lien time to after the TI portion is completed as well? Thanks in advance for your help.
You must serve and record a notice and claim of lien within 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. Arizona law prescribes a form for the notice of completion (see A.R.S. § 33-993(F)) so review if the notice was record and complies with the statute. The owner must follow the requirements to the letter. If the owner does not satisfy the mailing requirement within 15 days of recording, the lienor has the full 120 days after project completion to record and serve a notice and claim of lien. Reach out to construction attorneys for advice. Most of us offer free initial consultations.