A. In order to impress and secure the lien provided for in this article, every person claiming the benefits of this article, within one hundred twenty days after completion of a building, structure or improvement, or any alteration or repair of such building, structure or improvement, or if a notice of completion has been recorded, within sixty days after recordation of such notice, shall make duplicate copies of a notice and claim of lien and record one copy with the county recorder of the county in which the property or some part of the property is located, and within a reasonable time thereafter serve the remaining copy upon the owner of the building, structure or improvement, if he can be found within the county. The notice and claim of lien shall be made under oath by the claimant or someone with knowledge of the facts and shall contain:
1. The legal description of the lands and improvements to be charged with a lien.
2. The name of the owner or reputed owner of the property concerned, if known, and the name of the person by whom the lienor was employed or to whom he furnished materials.
3. A statement of the terms, time given and conditions of the contract, if it is oral, or a copy of the contract, if it is written.
4. A statement of the lienor's demand, after deducting just credits and offsets.
5. A statement of the date of completion of the building, structure or improvement, or any alteration or repair of such building, structure or improvement.
6. A statement of the date the preliminary twenty day notice required by section 33-992.01 was given. A copy of such preliminary twenty day notice and the proof of mailing required by section 33-992.02 shall be attached.
B. For purposes of this section, if a work of improvement consists of the construction for residential occupancy of more than one separate building without regard to whether the buildings are constructed pursuant to separate contracts or a single contract, each building is a separate work and the time within which to perfect a lien by recording the notice of lien pursuant to subsection A of this section commences to run on the completion of each separate building. For purposes of this subsection, "separate building" means one structure of a work of improvement and any garages or other appurtenant buildings in a multibuilding residential project or residential subdivision.
C. For the purposes of subsection A of this section, "completion" means the earliest of the following events:
1. Thirty days after final inspection and written final acceptance by the governmental body which issued the building permit for the building, structure or improvement.
2. Cessation of labor for a period of sixty consecutive days, except when such cessation of labor is due to a strike, shortage of materials or act of God.
D. If no building permit is issued or if the governmental body that issued the building permit for the building, structure or improvement does not issue final inspections and written final acceptances, then "completion" for the purposes of subsection A of this section means the last date on which any labor, materials, fixtures or tools were furnished to the property.
E. For the purposes of this section, "notice of completion" means a written notice which the owner or its agent may elect to record at any time after completion of construction as defined in subsection C of this section for the purpose of shortening the lien period, as provided in subsection A of this section. A notice of completion shall be signed and verified by the owner or its agent and shall contain the following information:
1. The name and address of the owner.
2. The nature of the interest or estate of the owner.
3. The legal description of the jobsite and the street address. The validity of the notice is not affected by the fact that the street address recited is erroneous or that such street address is omitted.
4. The name of the original contractor, if any.
5. The names and addresses of any predecessors in interest if the property was transferred after the beginning of the work or improvement.
6. The nature of the improvements to the real property.
F. The notice of completion shall follow substantially the following form:
Notice of Completion
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described, or the undersigned is the owner's agent.
2. The full name of the undersigned is _______________.
3. The full address of the undersigned is _______________ ______________________________________________________.
4. The nature of the interest or estate of the owner is: in fee. _________________________________ (If other than fee, strike "In Fee" and insert, for example, "Purchaser Under Contract of Purchase" or "Lessee".)
5. The full names and full addresses of all persons, if any, who hold interest or estate with the undersigned such as joint tenants or tenants in common are:
Name Address
______________________________________________________________
______________________________________________________________
______________________________________________________________
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred after the beginning of the work or improvement:
Name Address
______________________________________________________________
______________________________________________________________
______________________________________________________________
7. The nature of the improvements to the real property ______________________________________________________.
8. The work of improvement on the property hereinafter described was completed in accordance with the definition of completion in Arizona Revised Statutes section 33-993, subsection C. (Fill in the appropriate completion date as defined in Arizona Revised Statutes section 33-993, subsection C.)
(a) - Date _____________________________________________
(thirty days after written final acceptance
by governmental body)
(b) - Date _____________________________________________
(sixty days after cessation of labor)
9. The name of the original contractor, if any, for such work or improvement is _______________________________________.
(if no contractor, insert "none")
10. The street address of the property is ____________ _______________________________________________________________
(include both address and city with zip code)
11. The legal description of property described above _______________________________________________________________
(attach exhibit if necessary)
Verification
I, the undersigned, certify that I am the owner, the owner's agent for the property or another interested party in the property, described in the above notice, or I certify that I am the original contractor of the improvements to the real property described in the above notice. I have read the foregoing notice and know and understand the contents thereof, and the facts stated therein are true and correct. I declare under penalty of perjury that the foregoing is true and correct.
Executed on ______________ at _____________________, Arizona.
(date) (place where signed)
____________________________
(print name)
____________________________
(personal signature)
____________________________
(title)
(Acknowledgement)
Each notice of completion shall contain the following language in type at least as large as the largest type that otherwise appears on the document:
In order to shorten the lien period pursuant to Arizona Revised Statutes section 33-993, subsection A, a copy of the notice of completion and a written statement of the date of recording and the county recorder's record location information shall be served by certified or registered mail, postage prepaid, to the owner, the original contractor and all persons from whom the person recording this notice has previously received a preliminary twenty day notice as prescribed by Arizona Revised Statutes section 33-993, subsection I.
Notice: Receipt of a notice of completion may alter the time you have to impress and secure a lien in accordance with Arizona Revised Statutes section 33-993, subsection A.
G. If there is more than one owner, any notice of completion signed by less than all such owners shall recite the name and address of all such owners. If the notice of completion is signed by a successor in interest, it shall recite the names and addresses of his transferor or transferors.
H. A notice of completion shall be recorded in the office of the county recorder of the county in which the property or some part of the property is located. The county recorder of the county in which the notice of completion is recorded shall index the notice of completion under the index classification in which mechanics' and materialmen's liens are recorded.
I. If a notice of completion has been recorded, the person recording the notice, within fifteen days of recording, shall mail by certified or registered mail postage prepaid a copy of the notice of completion and a written statement of the date of recording and the county recorder's record location information to the original contractor and all persons from whom the owner has previously received a preliminary twenty day notice. In the event the owner or its agent fails to mail a copy of the notice of completion and a written statement of the date of recording and the county recorder's record location information within fifteen days of recording to any person from whom the owner has received a preliminary twenty day notice, such person shall have one hundred twenty days from completion as defined in section 33-993 to impress and secure the lien provided for in this article.
Notes of Decisions
S.K. Drywall, Inc. v. Developers Fin. Grp., Inc., 799 P.2d 1362 (Ariz. Ct. App. 1990).
· cites it 100× “SUFFICIENCY OF A NOTICE AND CLAIM OF LIEN GENERAL PRINCIPLES The portions of A.R.S. § 33-993 pertinent to the issues of this case read: A.”
Wang Elec., Inc. v. Smoke Tree Resort, LLC, 283 P.3d 45 (Ariz. Ct. App. 2012).
· cites it 15× “2d at 963 (noting legislature amended § 33-993 in 1973 to remove language that *325 required description must be sufficient to identify the property in favor of current, legal description requirement).”
Union Rock & Mat. v. Scottsdale Con. Ctr., 678 P.2d 453 (Ariz. Ct. App. 1983).
· cites it 36× “Three issues are presented in this appeal: (1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty-five days from the date of such recording in which to file a lien? (2) Whether…”
Com. Cornice & Millwork, Inc. v. Camel Constr. Servs.. Corp., 739 P.2d 1351 (Ariz. Ct. App. 1987).
· cites it 29× “1977) (a notice and claim of lien which does not state the name of the record owner and which is not served on the record owner does not comply with A.R.S. § 33-993). See generally James Weller, Inc.”
Fagerlie v. Markham Contracting Co., Inc., 258 P.3d 185 (Ariz. Ct. App. 2011).
· cites it 25× “Therefore, they argue, applying A.R.S. § 33-993(0(2), completion would be defined as sixty days later on October 12, 2007, and any lien would have to be recorded within 120 days, or no later than February 9, 2008.”
Delmastro & Eells v. Taco Bell Corp., 263 P.3d 683 (Ariz. Ct. App. 2011).
· cites it 9× “¶ 5 Pursuant to AR.S. § 33-993, Delmas-tro subsequently filed a notice and claim of lien in January 2009 against property that included Block 3.”
Lewis v. Midway Lumber, Inc., 561 P.2d 750 (Ariz. Ct. App. 1977).
· cites it 14× “Appellants contend that each of the lien claimants was an original contractor under A.R.S. § 33-993. Appellees do not dispute this contention.”
S.K. Drywall, Inc. v. Developers Fin. Grp., Inc., 819 P.2d 931 (Ariz. 1991).
· cites it 22× “On appeal, the court of appeals held the lien valid, but a majority held that the lien was time-barred as to all buildings except building 6 under A.R.S. § 33-993, which provides that a lien is timely if filed “within sixty days after the completion of a building, structure or…”
MLM Const. Co., Inc. v. Pace Corp., 836 P.2d 439 (Ariz. Ct. App. 1992).
· cites it 23× “This court has harmonized these two principles as follows: [T]he steps required by A.R.S. § 33-993 to impose the lien must be followed but in determining what these steps are the court will give the words a meaning which is reasonable, consistent with all the language used, and…”
Union Rock & Materials Corp. v. Scottsdale Conf. Ctr., 678 P.2d 453 (Ariz. Ct. App. 1983).
· cites it 30× “Three issues are presented in this appeal: (1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty-five days from the date of such recording in which to file a lien? (2) Whether…”
Wooldridge Constr. Co. v. First Nat'l Bank, 634 P.2d 13 (Ariz. Ct. App. 1981).
· cites it 9× “, a general contractor, timely file its mechanic’s lien, pursuant to A.R.S. § 33-993, and, if it did, 2) Is appellant’s lien entitled to priority over First National Bank’s deed of trust, pursuant to A.”
Old Adobe Off. Props., Ltd. v. Gin, 727 P.2d 26 (Ariz. Ct. App. 1986).
· cites it 27× “Old Adobe argued that the mechanic’s lien is invalid due to Vasquez’ failure to perfect it in accordance with A.R.S. § 33-993. Specifically, Old Adobe contended that a copy of the notice and claim of lien was never served upon it as record owner of the property.”
— Ariz. Rev. Stat. § 33-993(0) — 1 case
Fagerlie v. Markham Contracting Co., Inc., 258 P.3d 185 (Ariz. Ct. App. 2011).
“Therefore, they argue, applying A.R.S. § 33-993(0(2), completion would be defined as sixty days later on October 12, 2007, and any lien would have to be recorded within 120 days, or no later than February 9, 2008.”
— Ariz. Rev. Stat. § 33-993(1) — 5 cases
Fagerlie v. Markham Contracting Co., Inc., 258 P.3d 185 (Ariz. Ct. App. 2011).
“Therefore, they argue, applying A.R.S. § 33-993(0(2), completion would be defined as sixty days later on October 12, 2007, and any lien would have to be recorded within 120 days, or no later than February 9, 2008.”
MLM Const. Co., Inc. v. Pace Corp., 836 P.2d 439 (Ariz. Ct. App. 1992).
“This court has harmonized these two principles as follows: [T]he steps required by A.R.S. § 33-993 to impose the lien must be followed but in determining what these steps are the court will give the words a meaning which is reasonable, consistent with all the language used, and…”
— Ariz. Rev. Stat. § 33-993(2) — 1 case
— Ariz. Rev. Stat. § 33-993(A) — 23 cases
Wang Elec., Inc. v. Smoke Tree Resort, LLC, 283 P.3d 45 (Ariz. Ct. App. 2012).
“2d at 963 (noting legislature amended § 33-993 in 1973 to remove language that *325 required description must be sufficient to identify the property in favor of current, legal description requirement).”
Union Rock & Mat. v. Scottsdale Con. Ctr., 678 P.2d 453 (Ariz. Ct. App. 1983).
“Three issues are presented in this appeal: (1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty-five days from the date of such recording in which to file a lien? (2) Whether…”
S.K. Drywall, Inc. v. Developers Fin. Grp., Inc., 819 P.2d 931 (Ariz. 1991).
“On appeal, the court of appeals held the lien valid, but a majority held that the lien was time-barred as to all buildings except building 6 under A.R.S. § 33-993, which provides that a lien is timely if filed “within sixty days after the completion of a building, structure or…”
— Ariz. Rev. Stat. § 33-993(A)(1) — 4 cases
Wang Elec., Inc. v. Smoke Tree Resort, LLC, 283 P.3d 45 (Ariz. Ct. App. 2012).
“2d at 963 (noting legislature amended § 33-993 in 1973 to remove language that *325 required description must be sufficient to identify the property in favor of current, legal description requirement).”
Delmastro & Eells v. Taco Bell Corp., 263 P.3d 683 (Ariz. Ct. App. 2011).
“¶ 5 Pursuant to AR.S. § 33-993, Delmas-tro subsequently filed a notice and claim of lien in January 2009 against property that included Block 3.”
— Ariz. Rev. Stat. § 33-993(A)(3) — 2 cases
Fagerlie v. Markham Contracting Co., Inc., 258 P.3d 185 (Ariz. Ct. App. 2011).
“Therefore, they argue, applying A.R.S. § 33-993(0(2), completion would be defined as sixty days later on October 12, 2007, and any lien would have to be recorded within 120 days, or no later than February 9, 2008.”
Com. Cornice & Millwork, Inc. v. Camel Constr. Servs.. Corp., 739 P.2d 1351 (Ariz. Ct. App. 1987).
“1977) (a notice and claim of lien which does not state the name of the record owner and which is not served on the record owner does not comply with A.R.S. § 33-993). See generally James Weller, Inc.”
— Ariz. Rev. Stat. § 33-993(A)(6) — 4 cases
Com. Cornice & Millwork, Inc. v. Camel Constr. Servs.. Corp., 739 P.2d 1351 (Ariz. Ct. App. 1987).
“1977) (a notice and claim of lien which does not state the name of the record owner and which is not served on the record owner does not comply with A.R.S. § 33-993). See generally James Weller, Inc.”
Fagerlie v. Markham Contracting Co., Inc., 258 P.3d 185 (Ariz. Ct. App. 2011).
“Therefore, they argue, applying A.R.S. § 33-993(0(2), completion would be defined as sixty days later on October 12, 2007, and any lien would have to be recorded within 120 days, or no later than February 9, 2008.”
MLM Const. Co., Inc. v. Pace Corp., 836 P.2d 439 (Ariz. Ct. App. 1992).
“This court has harmonized these two principles as follows: [T]he steps required by A.R.S. § 33-993 to impose the lien must be followed but in determining what these steps are the court will give the words a meaning which is reasonable, consistent with all the language used, and…”
— Ariz. Rev. Stat. § 33-993(A)(7) — 1 case
MLM Const. Co., Inc. v. Pace Corp., 836 P.2d 439 (Ariz. Ct. App. 1992).
“This court has harmonized these two principles as follows: [T]he steps required by A.R.S. § 33-993 to impose the lien must be followed but in determining what these steps are the court will give the words a meaning which is reasonable, consistent with all the language used, and…”
— Ariz. Rev. Stat. § 33-993(A)(l) — 4 cases
Com. Cornice & Millwork, Inc. v. Camel Constr. Servs.. Corp., 739 P.2d 1351 (Ariz. Ct. App. 1987).
“1977) (a notice and claim of lien which does not state the name of the record owner and which is not served on the record owner does not comply with A.R.S. § 33-993). See generally James Weller, Inc.”
Fagerlie v. Markham Contracting Co., Inc., 258 P.3d 185 (Ariz. Ct. App. 2011).
“Therefore, they argue, applying A.R.S. § 33-993(0(2), completion would be defined as sixty days later on October 12, 2007, and any lien would have to be recorded within 120 days, or no later than February 9, 2008.”
— Ariz. Rev. Stat. § 33-993(B) — 6 cases
Union Rock & Mat. v. Scottsdale Con. Ctr., 678 P.2d 453 (Ariz. Ct. App. 1983).
“Three issues are presented in this appeal: (1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty-five days from the date of such recording in which to file a lien? (2) Whether…”
Union Rock & Materials Corp. v. Scottsdale Conf. Ctr., 678 P.2d 453 (Ariz. Ct. App. 1983).
“Three issues are presented in this appeal: (1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty-five days from the date of such recording in which to file a lien? (2) Whether…”
S.K. Drywall, Inc. v. Developers Fin. Grp., Inc., 819 P.2d 931 (Ariz. 1991).
“On appeal, the court of appeals held the lien valid, but a majority held that the lien was time-barred as to all buildings except building 6 under A.R.S. § 33-993, which provides that a lien is timely if filed “within sixty days after the completion of a building, structure or…”
— Ariz. Rev. Stat. § 33-993(B)(1) — 1 case
Union Rock & Mat. v. Scottsdale Con. Ctr., 678 P.2d 453 (Ariz. Ct. App. 1983).
“Three issues are presented in this appeal: (1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty-five days from the date of such recording in which to file a lien? (2) Whether…”
— Ariz. Rev. Stat. § 33-993(B)(2) — 2 cases
Union Rock & Mat. v. Scottsdale Con. Ctr., 678 P.2d 453 (Ariz. Ct. App. 1983).
“Three issues are presented in this appeal: (1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty-five days from the date of such recording in which to file a lien? (2) Whether…”
Union Rock & Materials Corp. v. Scottsdale Conf. Ctr., 678 P.2d 453 (Ariz. Ct. App. 1983).
“Three issues are presented in this appeal: (1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty-five days from the date of such recording in which to file a lien? (2) Whether…”
— Ariz. Rev. Stat. § 33-993(B)(4) — 1 case
— Ariz. Rev. Stat. § 33-993(B)(5) — 2 cases
Union Rock & Mat. v. Scottsdale Con. Ctr., 678 P.2d 453 (Ariz. Ct. App. 1983).
“Three issues are presented in this appeal: (1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty-five days from the date of such recording in which to file a lien? (2) Whether…”
Union Rock & Materials Corp. v. Scottsdale Conf. Ctr., 678 P.2d 453 (Ariz. Ct. App. 1983).
“Three issues are presented in this appeal: (1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty-five days from the date of such recording in which to file a lien? (2) Whether…”
— Ariz. Rev. Stat. § 33-993(C) — 3 cases
Union Rock & Mat. v. Scottsdale Con. Ctr., 678 P.2d 453 (Ariz. Ct. App. 1983).
“Three issues are presented in this appeal: (1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty-five days from the date of such recording in which to file a lien? (2) Whether…”
Union Rock & Materials Corp. v. Scottsdale Conf. Ctr., 678 P.2d 453 (Ariz. Ct. App. 1983).
“Three issues are presented in this appeal: (1) Whether the recording of a notice of completion, which an owner may file pursuant to A.R.S. § 33-993, always gives the mechanic or materialman thirty-five days from the date of such recording in which to file a lien? (2) Whether…”
Fagerlie v. Markham Contracting Co., Inc., 258 P.3d 185 (Ariz. Ct. App. 2011).
“Therefore, they argue, applying A.R.S. § 33-993(0(2), completion would be defined as sixty days later on October 12, 2007, and any lien would have to be recorded within 120 days, or no later than February 9, 2008.”
— Ariz. Rev. Stat. § 33-993(C)(1) — 1 case
Fagerlie v. Markham Contracting Co., Inc., 258 P.3d 185 (Ariz. Ct. App. 2011).
“Therefore, they argue, applying A.R.S. § 33-993(0(2), completion would be defined as sixty days later on October 12, 2007, and any lien would have to be recorded within 120 days, or no later than February 9, 2008.”
— Ariz. Rev. Stat. § 33-993(C)(2) — 1 case
Fagerlie v. Markham Contracting Co., Inc., 258 P.3d 185 (Ariz. Ct. App. 2011).
“Therefore, they argue, applying A.R.S. § 33-993(0(2), completion would be defined as sixty days later on October 12, 2007, and any lien would have to be recorded within 120 days, or no later than February 9, 2008.”
— Ariz. Rev. Stat. § 33-993(D) — 1 case
Fagerlie v. Markham Contracting Co., Inc., 258 P.3d 185 (Ariz. Ct. App. 2011).
“Therefore, they argue, applying A.R.S. § 33-993(0(2), completion would be defined as sixty days later on October 12, 2007, and any lien would have to be recorded within 120 days, or no later than February 9, 2008.”
— Ariz. Rev. Stat. § 33-993(F) — 1 case
Old Adobe Off. Props., Ltd. v. Gin, 727 P.2d 26 (Ariz. Ct. App. 1986).
“Old Adobe argued that the mechanic’s lien is invalid due to Vasquez’ failure to perfect it in accordance with A.R.S. § 33-993. Specifically, Old Adobe contended that a copy of the notice and claim of lien was never served upon it as record owner of the property.”
Annotations are extracted automatically from the opinions in the
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