Stop-Notice - Arizona

STOP NOTICE

Arizona Private Construction Work

1. CLAIMANT AND PROJECT

Claimant: [________________________________]

Claimant address: [________________________________]

Telephone / email: [________________________________]

Project name: [________________________________]

Project address or legal description: [________________________________]

Owner: [________________________________]

Original contractor: [________________________________]

Person who requested the claimant's work or materials: [________________________________]

Construction lender, if any: [________________________________]

2. NOTICE TYPE AND RECIPIENT

This notice is directed to:

☐ Owner. Claimant is a person entitled to record a claim of lien and is not the original contractor. A.R.S. § 33-1054.

☐ Construction lender — unbonded stop notice. Claimant is a person entitled to record a claim of lien. The lender may elect to withhold. A.R.S. §§ 33-1055, 33-1058(A).

☐ Construction lender — bonded stop notice. This notice is accompanied by a claimant bond equal to 150% of the claim and executed by an authorized surety. Subject to A.R.S. § 33-1058's recorded-payment-bond provisions, the lender must withhold sufficient construction funds. A.R.S. §§ 33-1051(1), 33-1058.

Recipient name and title: [________________________________]

Recipient address / administering branch: [________________________________]

3. REQUIRED CLAIM INFORMATION

Pursuant to A.R.S. § 33-1051(4), Claimant states:

1. Labor, professional services, materials, machinery, fixtures, or tools furnished or agreed to be furnished:

[________________________________]

2. Person to or for whom they were furnished or agreed to be furnished:

[________________________________]

3. Value already furnished: $[____________]

4. Total value agreed to be furnished: $[____________]

5. Payments received: $[____________]

6. Unpaid claim amount: $[____________]

The claim amount does not include a percentage add-on. For a lender notice, statutory recovery and withholding are limited as provided by A.R.S. § 33-1055(B)–(C).

4. PRELIMINARY NOTICE AND TIMING

Claimant states that:

☐ Any preliminary twenty-day notice required by A.R.S. §§ 33-992.01 and 33-992.02 was given.

☐ This notice is being served before expiration of the lien-recording period under A.R.S. § 33-993.

☐ No written demand under A.R.S. § 33-1054 or § 33-1055 was received.

☐ A written demand was received on [__/__/____], and this notice is served within 30 days after that demand.

5. STATUTORY WITHHOLDING NOTICE

5.1 Notice to Owner

If the owner box in Section 2 is checked, the owner must withhold sufficient money due or to become due to the original contractor to answer the claim and any lien claim that may be recorded for it, unless a payment bond has been recorded under A.R.S. § 33-1003. If such a bond was recorded, the owner may elect to withhold. If the owner elects not to withhold because of that bond, the owner must give the claimant written notice and a copy of the bond within 30 days after receiving this notice. A.R.S. § 33-1057.

5.2 Notice to Construction Lender

If a lender box in Section 2 is checked, the lender may withhold on receipt of an unbonded stop notice and, subject to A.R.S. § 33-1058(B), must withhold on receipt of a bonded stop notice. The lender is not required to withhold more than the statutory net amount due. A.R.S. §§ 33-1055(C), 33-1058.

6. SERVICE

Claimant served this notice on [__/__/____] by:

☐ Personal delivery to the owner.

☐ Leaving it at the owner's residence with a person of suitable age and discretion.

☐ Delivery to the owner's place of business.

☐ Certified mail.

☐ Delivery to the manager or other responsible person at the lender office or branch that administers or holds the construction money.

Person served: [________________________________]

Service address: [________________________________]

Certified-mail or delivery details: [________________________________]

7. RELEASE BOND AND ENFORCEMENT INFORMATION

• A disputing owner, construction lender, original contractor, or subcontractor may file and serve a release bond equal to 150% of the claimed amount. Proper filing and service require prompt release of withheld funds. A.R.S. § 33-1062.
• An enforcement action may begin after 10 days from service and must begin no later than three months after expiration of the lien-recording period, unless the required parties stipulate to a permitted extension. Notice of commencement must be given within five days. A.R.S. § 33-1063.
• Prevailing-party attorney fees and claimant interest from the service date are expressly provided for an action on a bonded stop notice. A.R.S. §§ 33-1066–33-1067.
• A person who willfully gives a false notice or includes items not furnished for the described property forfeits stop-notice distribution and lien rights and is subject to A.R.S. § 33-420. A.R.S. § 33-1061.

8. VERIFICATION

I, [________________________________], declare that I am the claimant or the claimant's authorized agent; I have read this Stop Notice; and the facts stated in it are true and correct based on my personal knowledge and review of the claimant's records.

Claimant: [________________________________]

By: [________________________________]

Name and title: [________________________________]

Date: [__/__/____]

State of [____________________]

County of [____________________]

Subscribed and sworn or affirmed before me on [__/__/____] by [________________________________].

Notary Public: [________________________________]

My commission expires: [________________________________]

9. ATTACHMENTS

☐ Claimant's 150% bond for a bonded stop notice

☐ Preliminary twenty-day notice and proof of service

☐ Contract, purchase order, invoices, or account statement

☐ Certified-mail receipt or other service proof

☐ Other: [________________________________]

SOURCES AND REFERENCES

• Arizona Legislature — A.R.S. §§ 33-1051 through 33-1067