Arizona

Who May Claim:

Every person who labors or furnishes professional services, materials, machinery, fixtures or tools in the construction, alteration, or repair of any building, or other structure or improvement. A.R.S. 33-981(A) Except as provided in sections 33-981(b), Supplier to a supplier, 33-981(e) Unlicensed Contractor, on “owner-occupied” residential – lien rights only if in direct contract with owner of the property. 33-1002 and 33-1003 33-981.01(b)

Required Notice and Timing

Every person (other than those performing actual labor for wage) must give a preliminary 20 day notice to the

Lien Filing:

Every person with lien rights must record a notice and claim of lien within 120 days from project completion, unless a notice of completion is recorded and served, in that case, must record within 60 days. Completion defined as “completion” of the entire project.

A.R.S. 33-993

Suit Filing

A lawsuit to foreclose must be filed within 6 months after the lien has been recorded. A.R.S. 33-998A notice of pendency of action (Lis Pendens) must be recorded within 5 days after the lien foreclosure suit has been filed.

Public/Federal:

In direct contract with Prime- no notice required before filing suit against the bondNot in direct contract with Prime – a preliminary 20 day notice AND a 90 day notice of claim to the general from last performed work or supplied material. Arizona law requires that the prime contractor must receive this notice within the 90-day period. This notice must state that the claimant is looking to the prime for payment, the amount claimed, and the name of the claimant’s customer A.R.S. 34-223.

Suit Filing

Claimants must wait 90 days from the last labor or material supplied by the claimant before filing suit on the payment bond. A.R.S 34-223(a) but not longer than 1-year A.R.S 34-223(b)