AZ HB2268

Amends Section 34-223, Arizona Revised Statutes, to clarify notice requirements for claimants suing on payment bonds in construction contracts.

Allows the written preliminary twenty-day notice to sub-subcontractors and suppliers to be sent by first class mail with certificate of mailing, certified mail, or registered mail (previously interpreted as requiring certified mail only).

Expands the ninety-day notice requirement to allow delivery "by any means that provides written, third-party verification of delivery" instead of requiring registered or certified mail exclusively.

Legislature clarifies its intent to override the 2015 Arizona Court of Appeals decision in Cemex Construction Materials South, LLC v. Falcone Brothers & Associates, Inc., which had narrowly interpreted the notice delivery method requirements.

Effective date: May 12, 2016 (approved and filed by Governor).