Arizona Laws 33-1060. Pro rata distribution of monies
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If monies withheld or required to be withheld pursuant to any stop notice or bonded stop notice are insufficient to pay in full the valid claims of all persons who made claims, the monies withheld or required to be withheld shall be distributed among those persons in the same ratio that their respective claims bear to the aggregate of all such valid claims. This pro rata distribution shall be made among the persons entitled to a share without regard to the order of time in which their respective notices were given or their respective actions, if any, were filed.
Terms Used In Arizona Laws 33-1060
- Bonded stop notice: means a stop notice that is given to any construction lender and that is accompanied by a bond executed solely by one or more surety companies authorized to transact surety business in this state pursuant to Title 20, Chapter 2, Article 1 in an amount equal to one hundred fifty per cent of the amount of the claim on the condition that if the owner, original contractor or construction lender recovers judgment in an action brought on a verified claim or on the lien filed by the claimant, the claimant would have sufficient monies to pay all costs and damages that the owner, original contractor or construction lender may sustain by reason of the stop notice claim or the lien, not exceeding the amount specified in the bond. See Arizona Laws 33-1051
- Stop notice: means a written notice that is signed and verified by the claimant or its agent and that states in general terms all of the following:
(a) A description of the labor, professional services, materials, machinery, fixtures or tools furnished or agreed to be furnished by the claimant. See Arizona Laws 33-1051