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Arizona 20 Day Preliminary Notice: The Why, Who, What, When, and How

WHY send a 20 Day Preliminary Notice? The short answer: Sending notice is key to protecting your right to file a lien. The long answer: Providing preliminary notice is a mandatory prerequisite to filing a mechanics lien in Arizona. Preliminary notices also support good working relationships, as they make sure that owners, lenders, and general contractors […]

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Arizona Amends To Give Design Professionals Prompt Payment Protection

Arizona Mechanics Lien & Bond Claim Resources

Every state has some sort of Prompt Payment Act which statutorily requires “prompt payment” to contractors, subcontractors, and suppliers. However, not all of these laws have been applied to design professionals such as architects. Arizona Governor recently signed into law the “Arizona Design Professional Prompt Payment Act” or House Bill 2336. This new law took […]

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Arizona Public Preliminary Notice Delivery Method Clarified

In Arizona, every party without a direct contract with the general contractor is required to give a preliminary notice within 20 days of the party’s first furnishing of labor and/or materials in order to preserve the right to make any necessary future bond claim. While the failure to provide the notice within the noted 20 days may not […]

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Arizona Owner-Occupant Protection Clarified

Arizona provides some protections to owner-occupants not provided to other parties. Specifically, Arizona § 33-1002(B) provides that: No lien provided for in this article shall be allowed or recorded by the person claiming a lien against the dwelling of a person who became an owner-occupant prior to the construction, alteration, repair or improvement, except by a […]

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Five Things Everybody Should Know About Arizona Lien Law

Arizona mechanics lien law, like that of every other state, is complicated. It’s important for construction industry participants to understand that specific requirements apply to every project, and the failure to comply with these requirements can have serious consequences. The following list outlines some of the important aspects of Arizona lien law that construction participants would […]

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Mechanics Lien Priority Takes a Hit in Arizona

Mechanics liens provide good protection against the risk of non-payment on construction projects. One of the reasons why is that mechanics liens encumber the improved property itself, and generally, have priority over other subsequent encumbrances on the property. This is especially helpful when severe financial distress at the top of the payment chain results in […]

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Mechanics Lien Priority Examined In Arizona

The main purpose of filing a mechanics lien is to get paid. So, when other parties have an interest in the liened property as well, determining which interest has priority is an especially important determination. The rules setting forth the priority of mechanics liens, like almost every other mechanics lien rule, vary widely from state […]

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Pay When Paid: Arizona

Payment Problems and Contract Clauses in Construction Industry

We’ve introduced pay when paid and pay if paid clauses in general, and started a state-by-state approach by discussing pay when paid clauses in Alabama. This post provides a more specific and in-depth look at pay when paid clauses in Arizona. Overview of Arizona Pay When Paid Clauses Through Argo As we’ve previously noted, the evaluation of pay when […]

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Arizona Mechanics Lien Law: Preliminary Notices -The Basics

Those who provide labor and/or materials on a private construction projects in Arizona are required to send a preliminary notice at the beginning of their participation in the project. Failure to provide this preliminary notice may result in the loss of their right to later file a mechanics lien if they remain unpaid. Who Should […]

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