How do I file a mechanic's lien in Arizona?

Arizona's mechanics' and materialmen's lien statutes are at A.R.S. §§ 33-981 to 33-1008.

1. Who Can File

Contractors, subcontractors, material suppliers, architects, engineers, surveyors, and laborers who provide labor, professional services, materials, fixtures, machinery, or tools for improvements (A.R.S. § 33-981). Note: licensed contractors only - unlicensed contractors lose lien rights under A.R.S. § 32-1153 (and may not sue for compensation).

2. Preliminary / Pre-Lien Notice

Every claimant (including GCs except on owner-occupied dwellings) must serve a 20-day Preliminary Notice on the owner, original contractor, and construction lender within 20 days after first furnishing labor or materials (A.R.S. § 33-992.01). Late notice limits the lien to work performed within 20 days before notice.

3. Recording the Lien

Record a verified Notice and Claim of Lien with the county recorder where the property lies, within 120 days after completion of the improvement, or within 60 days after a Notice of Completion is recorded (A.R.S. § 33-993). The claim must include claimant, owner, work description, amount, dates, terms, and legal description, plus a copy of the preliminary notice and proof of service.

4. Service on Owner

Serve a copy of the recorded Notice and Claim of Lien on the owner by reasonable means within a reasonable time after recording (A.R.S. § 33-993(C)).

5. Suit to Foreclose

File foreclosure within 6 months after recording (A.R.S. § 33-998). Failure terminates the lien.

6. Priority

Liens attach as of commencement of the work or first furnishing, taking priority over subsequently recorded encumbrances (A.R.S. § 33-992).

7. Bond Release

Owner may discharge the lien by recording a surety bond of 150% of the lien claim (A.R.S. § 33-1004).

8. Homestead / Residential

No lien is permitted against an owner-occupied dwelling unless the claimant has a written contract directly with the owner-occupant (A.R.S. § 33-1002(B)). This is one of the strictest residential lien bars in the country.

9. Fraudulent Lien Penalties

Willful exaggeration or filing without lien rights may give rise to wrongful-recording damages under A.R.S. § 33-420 (treble damages or $5,000, whichever is greater, plus attorney's fees).

This is legal information, not legal advice.