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mechanics-lien-priority

Arizona Case Lifts Mechanics Liens Over Mortgages Claiming Rank with Equitable Subrogation Doctrine

The mechanics lien document is the most effective collections remedy there is for those in the construction industry, and we’ve explored why in countless previous articles, including the popular 17 Ways a Mechanics Lien Works To Get You Paid.  Only one of the many reasons why a mechanics lien works is that it can be foreclosed upon, […]

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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

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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Arizona Mechanics Lien Law: Send Your Arizona Notices On Every Job

Arizona, much like other states around the country, requires preliminary notices to be sent in order to secure lien rights. Helpfully, although the Arizona mechanic’s lien statute is long and complex just like any other state, good information is provided regarding the notice form. This post is designed to give you a quick overview of […]

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Arizona Mechanics Lien Law: Maricopa County Digital Recording Program

If you need a mechanics lien recorded in Maricopa County and cannot make it to the main office in downtown Phoenix, Arizona or the Southeast office in Mesa, Arizona, there are electronic alternatives. Pursuant to ARS 11-461.C: The recorder may accept a digitized image of a recordable instrument for recording if it is submitted by a […]

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Arizona Mechanics Lien Law: Court Rules on Attorney Fees Issue

Zlien has wonderful resources on our website discussing Arizona mechanics lien law.  Our researchers even addressed the specific topic of whether lien claimants can include attorney fees in the lien total.  Although claimants cannot do so, it is noted that Arizona courts often award attorney fees to the prevailing party in a mechanics lien lawsuit. […]

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Arizona Mechanics Lien Law: Appeals Court Rules on Attorney Fees Related to Lien Priority

In Arizona, the prevailing party in a mechanics lien lawsuit is entitled to have their reasonable attorney’s fees paid by the losing party. But, if multiple liens are filed against a property but only one is determined to have priority, how should that lien claimant’s attorney fees be divided up amongst the losing parties? A […]

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Estimating contract amount

California Preliminary Notice: Should I Add 20% To The Estimated Contract Value?

Short Answer:  No. Long Answer:  This is a question we get a lot related to the California and Arizona preliminary notice requirements. Unfortunately, however, it’s all related to a misunderstanding of the “20% Rule.”  The first misunderstanding is that the rule applies to California and Arizona (it only applies in Arizona). The second misunderstanding is […]

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Arizona Mechanics Lien: Five Things to Know About The Lien Law

Arizona mechanics lien law is complicated and it’s important to understand the laws applicable to your project. Here are five things you should know about Arizona mechanics lien law. 1) Preliminary Notice is Mandatory Regardless of Your Role in the Project Yes. Arizona law requires that a preliminary 20-day notice be sent by every person […]

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Preliminary Notices: Should I Wait To Send My Preliminary Notice?

Earlier this week, a subcontractor in Arizona posted a question on Avvo.com about whether he should or should not wait to send a 20 day preliminary notice. The resounding answer from me and other Arizona attorneys was “No, never wait.”  Why did we respond in this way?  Is it the right response?  Is there ever […]

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