602 Relationship Between Bonds and Liens

• Jurisdiction: Arizona

(a) Analogous Coverage

Bond and lien statutes are in pari materia and are to be read and construed together, although the bond statutes may be more liberally construed.

 One of the purposes of payment bonds is to provide a substitute for liens as security for laborers, materialmen, and subcontractors where liens are not available, such as on public projects. Webb v. Crane Co., supra. One may also prevent the filing of such liens where they would otherwise be available by recording a payment bond in accordance with A.R.S. § 33-1003. Hartford Accident & Indem. Co. v. Federal Ins. Co., supra. It is therefore natural that there are common problems relating to the liability of an owner under a lien or a surety under a bond, and that courts seek some uniformity in the solution of these common problems.

In Arizona Gunite Builders, Inc. v. Continental Cas. Co., 105 Ariz. 99, 459 P.2d 724 (1969), the issue was whether a supplier of rental equipment

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