Arizona Construction Lien Guide
Arizona lien laws are governed by Arizona Revised Statutes (A.R.S.) §§ 33-981 through 33-1008.
If you provide labor, materials, equipment, or professional services that improve real property in Arizona, this guide explains everything you need to know to protect your lien rights, including required notices, strict deadlines, filing requirements, and enforcement rules.
In Arizona, the terms Mechanics Lien, Construction Lien, and Notice and Claim of Lien are commonly used to describe the same lien right.
LET’S LEARN THE BASICS OF ARIZONA CONSTRUCTION LIENS
⭐ Who Can File a Mechanics Lien in Arizona?
Arizona grants lien rights to parties who contribute to the improvement of real property, including general contractors, subcontractors, sub-subcontractors, material suppliers, equipment rental companies, laborers, restoration contractors, and licensed design professionals such as architects and engineers. If you furnished labor, materials, equipment, or professional services to a project in Arizona and were not paid, you likely have lien rights under Arizona law.
⭐ Arizona Lien Deadlines (Critical)
Arizona lien law is very strict. Missing a required notice or filing deadline can invalidate lien rights entirely. Contractors should be aware of two key deadlines, along with Arizona’s mandatory preliminary notice requirement.
Deadline #1: File an Arizona Mechanics Lien
In Arizona, a mechanics lien must be recorded within 120 days after completion of the work,
or within 60 days after the owner records a Notice of Completion, whichever occurs first.
If the lien is not recorded within the applicable deadline, lien rights are permanently lost.
Deadline #2: Enforce an Arizona Mechanics Lien
After recording the lien, it must be enforced by filing a foreclosure lawsuit within six (6) months from the date the lien is recorded.
If enforcement is not timely pursued, the lien automatically expires and becomes unenforceable.
BEFORE YOU CAN FILE AN ARIZONA CONSTRUCTION LIEN, YOU MUST COMPLY WITH ARIZONA’S MANDATORY NOTICE OF RIGHT TO LIEN REQUIREMENT.
What Is an Arizona Preliminary 20-Day Notice?
Before you can file an Arizona construction lien, you must understand Arizona’s mandatory Preliminary 20-Day Notice requirement. This notice is one of the most important lien steps in Arizona and is required on nearly all private construction projects.
A preliminary notice serves one purpose: to inform the property owner, general contractor, and construction lender that you are providing labor, materials, or services to the project and may file a lien if you are not paid.
Who Must Send an Arizona Preliminary 20-Day Notice?
In Arizona, most lien claimants must send a Preliminary 20-Day Notice, including:
· Subcontractors
· Sub-subcontractors
· Material suppliers
· Equipment rental companies
· Design professionals
· In many cases, general contractors
Failure to send the notice is one of the most common reasons Arizona liens fail.
Who Does NOT Need to Send an Arizona Preliminary 20-Day Notice?
· Laborers paid as wage earners
· Claimants who contract directly with the owner and where no construction lender is involved (limited situations)
Arizona Preliminary 20-Day Notice Deadline
The Preliminary 20-Day Notice must be served within 20 days of first furnishing labor, materials, or equipment. If the notice is served late, lien rights are limited to work performed 20 days before service and forward.