Section 1.3.4 Nature of Construction Liens

• Jurisdiction: Arizona

Construction liens provide an enforcement procedure-a means and method-for a remedy to secure a right for a claimant who remains unpaid after providing labor or material to a project.

Emphasis: A lien is not so much a right as it is a remedy to secure the right to payment, and the lien per se clearly does not create a cause of action. Only upon performance of work or the delivery of materials does a lien-based cause of action accrue.⁶

Enforcement of a mechanics' lien should not be viewed as the only means available to a contractor/subcontractor, or materialman.

Other forms of relief are available and should be pursued in the event filing the lien does not achieve the desired outcome. One alternative is unjust enrichment, which simply means it would be unfair for an owner not to pay for the material and labor...