Mechanics Lien Claim - Arizona

MECHANICS LIEN CLAIM

(Arizona)

I. DOCUMENT HEADER

1. Claimant: [CLAIMANT LEGAL NAME], [ENTITY TYPE], License No. [LICENSE] (if applicable).
2. Claimant Address: [ADDRESS].
3. Property Owner: [OWNER NAME].
4. Owner Address: [OWNER ADDRESS].
5. Hiring Party (if not Owner): [HIRING PARTY NAME AND ADDRESS].
6. Project Name: [PROJECT NAME].
7. Property Address: [STREET ADDRESS, CITY, AZ ZIP].
8. Legal Description: [LEGAL DESCRIPTION] (attach Exhibit A if needed).
9. County: [COUNTY], Arizona.
10. Lien Amount: $[AMOUNT].
11. First Furnishing Date: [DATE].
12. Last Furnishing Date: [DATE].
13. Statutory Completion Date: [DATE], determined under A.R.S. § 33-993(C)-(D).
14. Notice of Completion: ☐ None located ☐ Recorded on [DATE] at [RECORDING INFORMATION].

II. CLAIM OF LIEN

Claimant states that it furnished labor, professional services, machinery, fixtures, tools, and/or materials for the construction, alteration, or repair of the Property described above and claims a lien under A.R.S. § 33-981. The amount due and unpaid is $[AMOUNT], after deducting all just credits and offsets.

III. DESCRIPTION OF WORK

General description of labor/materials:

• [DESCRIPTION OF WORK OR MATERIALS]
• [DESCRIPTION OF WORK OR MATERIALS]

Contract basis: ☐ Written contract attached as Exhibit [____] ☐ Oral contract; terms, time given, and conditions: [________________________________].

IV. BASIS FOR LIEN

☐ Claimant contracted directly with Owner.
☐ Claimant contracted with Original Contractor.
☐ Claimant contracted with Subcontractor or another hiring party.
☐ Claimant performed actual labor for wages.
☐ Claimant furnished professional services under an agreement permitted by A.R.S. § 33-981(F).
☐ Other lien basis reviewed by Arizona counsel: [OTHER].

If Claimant was required to hold an Arizona contractor license or professional registration, record the current credential: [TYPE / NUMBER / STATUS]. An unlicensed person within A.R.S. § 33-981(C) or (E) does not receive the lien rights described there.

Lien-eligibility gates:

• Owner-occupied dwelling under A.R.S. § 33-1002: ☐ No ☐ Yes — Claimant has a written contract directly with the owner-occupant: ☐ Yes ☐ No.
• Payment bond and owner contract recorded under A.R.S. § 33-1003: ☐ No ☐ Yes — Claimant has a written contract directly with the owner: ☐ Yes ☐ No.

If either restriction applies and Claimant lacks the required direct written contract, do not record this lien claim.

V. NOTICE AND DEADLINES

A. Preliminary Notice Gate

• Claimant is exempt because Claimant performed actual labor for wages: ☐ Yes ☐ No.
• If not exempt, preliminary twenty-day notice served on the required recipients: ☐ Yes ☐ No.
• First furnishing date: [DATE].
• Notice mailing date: [DATE].
• Mailing method under A.R.S. § 33-992.01(F): ☐ First-class mail with certificate of mailing ☐ Registered mail ☐ Certified mail.
• Required recipients checked: ☐ Owner/reputed owner ☐ Original contractor/reputed contractor ☐ Construction lender/reputed lender, if any ☐ Claimant's contracting party.
• Copy of preliminary notice and proof under A.R.S. § 33-992.02 attached: ☐ Acknowledgment of receipt ☐ Mailing affidavit with certificate/receipt, after acknowledgment was not returned within 30 days ☐ Not required for wage labor.

Except for a person performing actual labor for wages, the preliminary notice is a prerequisite to a valid lien. It should be served no later than twenty days after first furnishing. A later notice generally preserves only labor, services, materials, machinery, fixtures, or tools furnished within the twenty days before service and thereafter. A.R.S. §§ 33-981(D), 33-992.01(B)-(E).

B. Recorded Claim Deadline and Service

• General deadline: record within 120 days after statutory completion. A.R.S. § 33-993(A).
• If a notice of completion was recorded and properly served: record within 60 days after that recording. A.R.S. § 33-993(A), (I).
• Claim recorded with the [COUNTY] County Recorder on [DATE] at [RECORDING INFORMATION].
• Duplicate claim copy prepared for owner service: ☐ Yes.
• Duplicate owner copy served within a reasonable time after recording: ☐ Yes, on [DATE] ☐ Owner could not be found within the county; document efforts: [DETAIL].

C. Required Claim Contents and Attachments

• ☐ Legal description of the land and improvement.
• ☐ Owner or reputed owner, if known, and the person who employed Claimant or received the materials.
• ☐ Oral-contract terms, time, and conditions stated, or written contract attached.
• ☐ Demand stated after all just credits and offsets.
• ☐ Statutory completion date stated.
• ☐ Preliminary-notice date stated; notice and proof of mailing attached when required.

VI. VERIFICATION

I, [NAME], am [TITLE / CLAIMANT] and have knowledge of the facts stated in this Notice and Claim of Lien. I have read it, and the statements are true and correct. I make this claim under oath as required by A.R.S. § 33-993(A).

Signature: ________________________________

Printed Name: [NAME]

Date: [DATE]

VII. NOTARIAL JURAT

State of Arizona )
County of [COUNTY] )

Subscribed and sworn to (or affirmed) before me on [DATE] by [NAME].

Notary Public: ________________________________

My Commission Expires: _________________________

VIII. ENFORCEMENT DEADLINE

The recorded lien does not continue longer than six months after recording unless an enforcement action is brought within that period and a notice of pendency of action is recorded in the property county. A.R.S. § 33-998(A). A.R.S. § 12-1191(A) separately requires the lien claimant to file that notice within five days after filing the action or raising the defense. Calendar both rules and obtain Arizona counsel immediately.

SOURCES AND REFERENCES

• Arizona Legislature, A.R.S. § 33-981: https://www.azleg.gov/ars/33/00981.htm
• Arizona Legislature, A.R.S. § 33-992.01: https://www.azleg.gov/ars/33/00992-01.htm
• Arizona Legislature, A.R.S. § 33-993: https://www.azleg.gov/ars/33/00993.htm
• Arizona Legislature, A.R.S. § 33-998: https://www.azleg.gov/ars/33/00998.htm