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Construction

I own a new office building. I paid my general contractor in full and received an unconditional waiver and release on final payment. Unfortunately, I didnt closely monitor the project, and did not insist that my contractor provide lien waivers from his subcontractors and suppliers in exchange for each payment. Several liens have now been recorded against the property by unpaid subcontractors and suppliers. When do those lien claimants have to file suit to enforce their liens? According to A.R.S. 33-998(A), in order to enforce a lien a lien claimant must file its lien foreclosure action within six months after the date the lien was recorded or the lien is no longer enforceable. In addition to timely filing the lien foreclosure Mike Dulberg action, each lien claimant must also record a Notice of Lis Pendens mdulberg@bcattorneys.com with County Recorder within five days after their lien foreclosure 602.234.9905 action is filed. The failure to do so can be fatal to the lien claim. www.bcattorneys.com

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