Are the Trust Funds Authorized to File Mechanics Liens?
P11 The parties first dispute whether fringe-benefit trust funds are authorized to file mechanics’ liens against the owner of property on which a building or structure is constructed, or whether such trust funds are limited to the remedy of collecting on the contractor’s bond. See United States Fidelity and Guar. Co. v. Arizona State Carpenters Health and Welfare Trust Fund, 120 Ariz. 79, 584 P.2d 60 (App. 1978) (allowing trust funds to collect against contractor’s license bond). P12 The mechanics’ lien statute provides that [*10] “every person who labors or furnishes professional services, materials, machinery, fixtures or tools in the construction . . . of any building . . . shall have a lien on such building.” A.R.S. § 33-981(A) (emphasis added). When the word “person” appears in a statute, unless the context requires otherwise, it is defined broadly to include “a corporation, company, partnership, firm, association or society, as well as a natural person.” A.R.S. § 1-215(29) (Supp.
Related Questions
- Law practices are only authorized to disburse funds from its trust account via EFT with QLS approval, should the external examiner sight the letter of approval from QLS?
- What are our shared responsibilities for ensuring that all funds under the ARRA are used for authorized purposes and instances of fraud, waste, and abuse are prevented?
- How Do You Know When To File A Mechanics Lien?
