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Bond Claim Notices

 

Arizona

  1. Basics of an AZ Payment Bond (Public & Private Works).
  2. AZ Notice Requirements (Public & Private Works).
  3. Enforcing an AZ Payment Bond (Public & Private Works).

Enforcing an AZ Payment Bond Claim
A claim against an Arizona Little Miller Act Payment Bond may be enforced with a lawsuit. The lawsuit is often very complex and should be processed by an attorney specializing in construction law. If you need a referral to a construction law attorney in your area, please contact our office.

The lawsuit to enforce an Arizona Little Miller Act Payment Bond must be commenced no sooner than 90 days nor later than 1 year after the last day the claimant performed labor or supplied materials on the project.[1] Failure to file suit within the time frame will prevent the claimant form enforcing his/her claim against the payment bond.

Due to expensive court costs and long waiting periods, it is best to use the payment bond claim to negotiate for payment and avoid the court system. However, if full repayment is not made within the 1 year timeframe, the claimant should consider moving forward with the lawsuit to enforce the Arizona Little Miller Act Payment Bond. If you wish to file the lawsuit, your attorney will need some time to prepare the initial papers; please don’t wait until the last minute to contact your attorney.

List of Cited Statutes and Case Laws for further research
[1] Arizona Revised Statutes § 34-223.

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