Arizona Mechanic Lien Deadlines

Standard Mechanic Lien Recording Deadline — 120 Days (§33-993)

Under Arizona law, a Notice and Claim of Mechanic Lien must be recorded within 120 days after the project is completed. This deadline applies to all mechanic lien claimants on private projects, including original contractors, subcontractors, and materialmen. A.R.S. §33-993.

Project completion is generally determined by the date the work is substantially complete, or the date the owner takes possession and begins using the improvement. The 120-day deadline runs from the completion of the entire project, not the individual claimant's last day of work.

Shortened Deadline After Notice of Completion — 60 Days (§33-993)

If a Notice of Completion is recorded by the owner, the mechanic lien recording deadline is shortened from 120 days to 60 days after the recording of the Notice of Completion. A.R.S. §33-993. This is a significant reduction, making it essential for claimants to monitor project completion status.

Claimants who have properly served the Arizona Preliminary 20-Day Mechanic Lien Notice are entitled to receive copies of the Notice of Completion within 15 days of its recording. A.R.S. §33-993(i). This provision ensures claimants have notice of the shortened deadline.

Required Attachments to the Notice and Claim of Mechanic Lien

When recording a Notice and Claim of Mechanic Lien in Arizona, the following documents must be attached:

• A copy of the Arizona Preliminary 20-Day Mechanic Lien Notice previously served
• A mailing affidavit and certificate of mailing evidencing service of the preliminary notice
• A copy of the construction contract between the claimant and the party with whom the claimant contracted

Effect of Recorded Payment Bond — No Mechanic Lien Available (§33-1003)

If the owner's contract, a payment bond, and the legal description of the property have all been recorded, no mechanic lien may be filed against the property. Instead, claimants must pursue their claim and suit on the payment bond. A.R.S. §33-1003.

This provision is designed to protect property owners who have obtained bonding. Claimants should verify at the outset of a project whether a payment bond has been recorded, as this determination affects the available remedies and the procedural requirements for preserving payment rights.

Construction Lender Priority (§33-992)

Construction lenders in Arizona have priority over mechanic lien claimants if the mortgage or deed of trust securing the construction loan is recorded within 10 days after the first work is performed or the first materials are furnished on the project. This priority rule is significant for mechanic lien claimants because it means that in a foreclosure situation, the construction lender's interest will be satisfied before mechanic lien claims.

Mechanic Lien claimants should be aware of this priority structure when evaluating the potential recovery under a mechanic lien, particularly on projects with significant construction financing.

Owner-Occupied Residence Limitation

Arizona law limits mechanic liens on owner-occupied residences to those claimants who contract directly with the owner. This means subcontractors and materialmen who do not have a direct contractual relationship with the homeowner cannot file a mechanic lien against an owner-occupied residence.

Owner-occupied status extends to individuals who own the underlying land at the time construction begins with the intent of occupying the building upon completion. Claimants working on owner-occupied residential projects should evaluate alternative remedies, including stop notices and bond claims where applicable.