Frequently Asked Questions - Arizona Mechanics Lien
Arizona Lien Documents are Easy to File with LienItNow.com
Why LienItNow?
LienItNow.com provides online mechanics lien forms to help contractors, sub-contractors, and suppliers secure the payment they need. In three simple steps, complete your mechanics lien on your own time in only 10 quick minutes. Once a time-consuming process for construction companies, LienItNow.com makes filing your mechanics lien faster and easier than ever. LienItNow.com can also help you create bond claims, pre-lien notices and lien releases.
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What is an Arizona mechanics' lien Claim?
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.
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Who can file an Arizona mechanics' lien Claim?
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.
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Are pre-notices for an Arizona mechanics' lien Claim required?
Yes. 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).
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Can you file an Arizona mechanics' lien Claim without a pre-notice?
Pre-notices are required to be served prior to filing an Arizona mechanics' lien claim.
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When should an Arizona mechanics' lien Claim be filed?
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.
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How much does it cost to file an Arizona mechanics' lien Claim?
LienItNow.com prepares, files and serves Arizona mechanics' liens (which includes a written notice of intent to claim a lien, if necessary, as well as a verified statement of lien). For pricing information, please visit our prices page.
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Do I need a written contract in order to file an Arizona Mechanics Lien Claim?
No. Oral contracts are sufficient if you have sufficient documentation to show the existence of an agreement or that you performed the work for which you are filing an Arizona mechanics lien claim.
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How does filing an Arizona mechanics' lien Claim help me get my money?
On a private project, the mechanics' lien places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the lien.
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What is an Arizona Stop Notice and why should it be filed?
LienItNow.com prepares and serves Arizona Stop Notices. A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic's lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.
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What is an Arizona Amendment to a mechanics' lien Claim?
LienItNow.com prepares, files and serves Arizona Amendments to mechanics' lien Claims. Amendments to a mechanics' lien claim are often needed when something about the lien claim changes. Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work.
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When should an Arizona Discharge of mechanics' lien claim be filed?
LienItNow.com prepares, files and serves Arizona Discharges of mechanics' lien Claims. Once the lienor has been paid the amount contained in its lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of mechanics' lien Claim should be filed.
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How much does it cost to file an Arizona Extension of a mechanics' lien Claim?
LienItNow.com prepares, files and serves extensions of mechanics' lien Claims. All lien claims expire after a certain period of time, and filing an extension of the mechanics' lien claim prolongs the expiration date. Arizona law, however, does not permit an extension of mechanics' lien claims.
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Can I file a Bond Claim on an Arizona Project?
LienItNow.com prepares, files and serves Arizona Bond Claims. Bond claims can only be filed on a project where the owner, contractor or subcontractor has obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project. The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants' last date of work. Bond claims are more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed.
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Do I need to file a Pre-Notice to make a claim against an Arizona payment bond?
LienItNow.com prepares, files and serves Arizona Pre-Notices for bond claims. Depending on the terms of the payment bond, pre-notices may or may not be required. LienItNow.com recommends that, prior to or immediately after starting work or delivering materials to a project, subcontractors and suppliers, file a pre-notice that it is a potential beneficiary of the construction project's bond.
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