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Arizona Lien Claim Deadlines

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Presentation on theme: "Arizona Lien Claim Deadlines"— Presentation transcript:

1 Arizona Lien Claim Deadlines
Courtesy of Lien & Bond Department – BAIRD, WILLIAMS & GREER LLP © , Frazee Industries, Inc., used with permission. © , Baird, Williams & Greer LLP Jan. 1 First day materials/labor furnished If NOC recorded, then last day to record lien is 60 days after NOC recorded A.R.S. § (A) & (E)-(I) Apr. 30 Deadline to file suit = “six months” after date lien recorded A.R.S. § (A) Last day to serve 20-day prelim A.R.S. § Jan. 21 Dec 29 . . . the last date to sue (foreclose) on lien is December 29 If no NOC recorded, then last day to record lien is 120 days after “completion” A.R.S. § (A) Jun 29 Oct 30 . . . the last date to sue (foreclose) on lien is October 30 NOC RECORDED (anytime after “completion”) Feb 1 Last day materials/ labor furnished “Completion” A.R.S. § (C) and (D) Mar. 1 If the lien is recorded on April 30, then . . . If the lien is recorded on June 29, then . . . 30 days after final inspection and written acceptance by governmental body, OR Cessation of labor for 60 consecutive days If no C of O issues, “Completion” is date of last supply of materials or labor. Caveat: This illustration is a guideline only. It is advisable to consult legal counsel regarding applicable legal deadlines such as those illustrated here. State statutes and case law prescribe specific deadlines, content requirements, and methods of service for preliminary notices, liens, bond claims, and stop notices. For these reasons, and because factual circumstances may vary the application of controlling law, this illustration makes no representations concerning specific requirements that may be necessary for any lien, bond or stop notice claim /30/05

2 Arizona Stop Notice Deadlines (anytime after “completion”)
Courtesy of Lien & Bond Department – BAIRD, WILLIAMS & GREER LLP © , Frazee Industries, Inc., used with permission. © , Baird, Williams & Greer LLP Jan. 1 First day materials/labor furnished Apr 30 Serve stop notice before the expiration of the time allowed to record lien If NOC, last day to serve stop notice is 60 days after NOC recorded A.R.S. § (B)/A.R.S. § (A) File suit anytime after 10 days from date of service, but before three months after expiration of time allowed to record lien A.R.S. § (A) Last day to serve 20-day prelim A.R.S. § Jan. 21 Jun 29 If no NOC, last day to serve stop notice is 120 days after “completion” A.R.S. § (B)/A.R.S. § (A0 NOC RECORDED (anytime after “completion”) July 30 . . . the last date to sue on notice is July 30 Sept 30 . . . the last date to sue is September 29 Feb 1 Last day materials/ labor furnished “Completion” A.R.S. § (C) and (D) Mar. 1 If stop notice served April 30, then . . . If stop notice served June 29, then . . . 30 days after final inspection and written acceptance by governmental body, OR Cessation of labor for 60 consecutive days If no C of O issues, “Completion” is date of last supply of materials or labor. Caveat: This illustration is a guideline only. It is advisable to consult legal counsel regarding applicable legal deadlines such as those illustrated here. State statutes and case law prescribe specific deadlines, content requirements, and methods of service for preliminary notices, liens, bond claims, and stop notices. For these reasons, and because factual circumstances may vary the application of controlling law, this illustration makes no representations concerning specific requirements that may be necessary for any lien, bond or stop notice claim /30/05

3 Federal Projects – Miller Act Payment Bond Deadlines
Federal Bond Federal Projects – Miller Act Payment Bond Deadlines Compliments of Construction Services Department – BAIRD, WILLIAMS & GREER LLP If not in express or implied contract with GC, a written notice must be sent to and received by GC by 90th day after last date furnished. Notice must provide “with substantial accuracy” the amount claimed and the name of the party to whom the material/labor was furnished.* U.S.C.A. 40 § 270b May 2 First day materials/labor furnished File suit anytime after 90 days from last date materials supplied, but within one year after last date materials supplied U.S.C.A. 40 § 270a&b Deadline to file suit is Feb 1 of next year Jan. 1 Feb 1 Last day materials/ labor furnished Dec. 31 *Letter should also make clear that claimant is looking to principal for payment. Caveat: This illustration is a guideline only. The information provided herein is not guaranteed or warranted to be accurate. State statutes frequently change and prescribe varying requirements for preliminary notices and lien and bond claims. For these reasons, and because factual circumstances may vary application of controlling law, legal counsel should always be consulted /13/04

4 Arizona Public Project Payment Bond Deadlines*
Compliments of Lien & Bond Department – BAIRD, WILLIAMS & GREER LLP If not in direct contract with GC, in addition to serving a 20-day prelim, a written notice must be sent to and received by GC by 90th day after last date supplied. Notice must provide “with substantial accuracy” the amount claimed and the name of the party to whom the material/labor was furnished A.R.S. § May 30 Jan. 1 First day materials/labor furnished File suit anytime after 90 days from last date materials supplied, but within one year after last date materials supplied A.R.S. § Last day to serve 20-day prelim Not required if in direct contract with GC A.R.S. § A.R.S. § Jan. 21 Feb 1 Mar. 1 Last day materials/ labor furnished Deadline to file suit is March 1 of next year * For private project payment bond claims, obtain a copy of the bond and follow the notice and claim requirements specified on the face of the bond. Caveat: This illustration is a guideline only. It is advisable to consult legal counsel regarding applicable legal deadlines such as those illustrated here. State statutes and case law prescribe specific deadlines, content requirements, and methods of service for preliminary notices, liens, bond claims, and stop notices. For these reasons, and because factual circumstances may vary the application of controlling law, this illustration makes no representations concerning specific requirements that may be necessary for any lien, bond or stop notice claim /30/05


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