We have not started on a job nor do we have a signed contract as of yet but have put a dumpster on the property. I need to know if putting a dumpster on the property is the 1st day.
1 reply
May 9, 2018
That's a fair question. However, when no agreement is in place, an act like putting a dumpster at a project would likely not be considered the first furnishing for the project. Further, if this determination is in reference to the timeframe for sending an Arizona preliminary notice, there would seem to be little harm in using a later date as a trigger for sending such a notice. In Arizona (as well as California), a preliminary notice sent "late" will still be effective to preserve lien rights for the work performed after sending the notice as well as work performed up to 20 days prior to sending preliminary notice. Thus, if a dumpster is delivered to a project and preliminary notice is sent within 20 days, the delivery of that dumpster would be lienable (of course, if that is contemplated in the agreement to perform work/scope of the work performed). However, even where preliminary notice is sent beyond 20 days after such a delivery, the remainder of the work provided would still be protected by an Arizona preliminary notice.