Category Archives: arizona construction lien


Arizona Mechanics Lien Guidlines

Liens filed on private property or on funds relating to a public project are known as Arizona Mechanic’s Liens. When an Arizona mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.
Contractors, as well as subcontractors, design professionals, sub-subcontractors and material suppliers can file an Arizona mechanics lien. If a company supplies material to a material supplier, they are not eligible to file an Arizona mechanics lien claim. If the project involves an owner occupied one or two family residence, then only a party having a direct contract with the owner can file a lien.

Pre-notices are required to be served prior to filing an Arizona mechanics’ lien claim.  Within 20 days of the commencement of work on the property, subcontractors and suppliers should provide written notice to the owner or the person having charge of the property that they are performing work on the property. This notice should also be provided to the construction lender and the general contractor. Only one notice is required unless the actual total price exceeds by 20 percent the estimated total price, at which point additional pre-notices are required (this is usually the result of change orders).

Prime contractors, subcontractors, materialmen and professionals must file a notice and claim for lien within the earlier of 120 days after completion, or within 60 days after the recording of the notice of completion.

Who has mechanic’s lien rights in Arizona?

You have the right to file a mechanic’s lien in Arizona if you have furnished the following in the construction, alteration, repair, or improvement of any building, or other structure :

  • labor,
  • materials,
  • professional services,
  • fixtures,
  • tools, and/or
  • plans.

Even though you may have provided a service listed above, you MUST have a contract with the owner or with an agent of the owner. Design Professionals are required to have a written contract with the property owner, or a written or oral contract with the architect who has a written contract with the owner. Only parties who have a written contract with an owner-occupant may file a lien against his dwelling. Suppliers to suppliers are not qualified to file a mechanic’s lien in Arizona.

Arizona Lien Law Guidelines

In Arizona, the construction lien law is very specific.  In addition to simply filing a lien, a claimant need to make sure that it complied with all the pre-requisites that the mechanics’ lien law requires.

Liens filed on private property or on funds relating to a public project are known as Mechanic’s Liens. When a construction lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.

In Arizona, contractors, as well as subcontractors, design professionals, sub-subcontractors and material suppliers can file a lien. If a company supplies material to a material supplier, they are not eligible to file a lien claim. If the project involves an owner occupied one or two family residence, then only a party having a direct contract with the owner can file a lien.

Within 20 days of the commencement of work on the property, subcontractors and suppliers should provide written notice to the owner or the person having charge of the property that they are performing work on the property. This notice should also be provided to the construction lender and the general contractor. Only one notice is required unless the actual total price exceeds by 20 percent the estimated total price, at which point additional pre-notices are required (this is usually the result of change orders).

Prime contractors, subcontractors, materialmen and professionals must file a notice and claim for lien within the earlier of 120 days after completion, or within 60 days after the recording of the notice of completion.

For more information on filing an Arizona Construction Lien, and Arizona Mechanics Lien, or an Arizona pre-lien notice, please visit http://lienitnow.com/arizona-faq.asp.