Arizona Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

The state of Arizona also requires the action to enforce a lien must be initiated within 6 months from when the lien was recorded. In Arizona, the lien expires if enforcement is not initiated within that 6 months requirement.

Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid.

The state of Arizona also requires the action to enforce a lien must be initiated within 6 months from when the lien was recorded. In Arizona, the lien expires if enforcement is not initiated within that 6 months requirement.

The first step to filing a mechanics lien is to record a Notice and Claim of Lien within 60 days after the property owner has recorded a Notice of Completion. If a notice has not been recorded, however, you will have 120 days after the completion of the project to record the claim.

Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic's lien, often referred to as the ?Preliminary Notice?. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor.

In general, there are 3 steps to file a mechanics lien claim in Arizona: Complete a mechanics lien form that meets the legal requirements. File the lien claim with the county prothonotary (clerk) by the deadline. Serve a copy of the lien on the property owner.

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Arizona Construction or Mechanics Lien Questionnaire