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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).

AZ Notice Requirements
Arizona’s Little Miller Act requires that any contractor or material supplier who does not have a direct contract with the general/prime contractor serve a “Preliminary 20-day Notice” and “90-day notice of claim on bond.”[1] The Preliminary 20-day Notice must be served within 20 days after the claimant has first furnished labor, professional services, materials, machinery, fixtures, or tools to the job site.[2] The 90 day notice of claim on bond must be served within 90 days from the last date that the claimant furnishes labor or material for which the claim is made.[3]

Basically, all sub-subcontractors and material suppliers to a subcontractor must serve both of these notices. Failure to properly serve the above-described notices will prevent the claimant from making a claim against the payment bond. A contractor or material supplier who has a direct contract with the general/prime contractor is generally exempt from the above-described notices, but should also serve these notices anyways to be on the safe side.

The term “days” are calculated by calendar days and NOT business days unless otherwise stated. Time is calculated by excluding the first day and including the last day, unless the last day is a holiday, then it is also excluded.[4]

List of Cited Statutes and Case Laws for further research
[1] Arizona Revised Statutes §§ 34-223.
[2] Ibid.
[3] Ibid.
[4] Arizona Revised Statutes § 1-243(A)

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