4.3.4.5.2 Limitation Periods

• Jurisdiction: Arizona

To assert a claim against a payment bond furnished under the Federal Miller Act, Arizona’s Little Miller Act and the Arizona Procurement Code, a lawsuit must be brought on the bond within one year from the date the claimant last supplied labor or materials to the work for which claim is made.^[100] Failure of the claimant to bring the suit within one year gives the surety a valid defense to the claim. Some authority states this limitation is jurisdictional and cannot be waived.^[101]

In Honeywell, Inc. v. Arnold Construction Co.,^[102] the court noted the limitations period did not begin to run just because the project was...