HCZ Construction Inc. v. First Franklin Financial Corp.

OPINION

RYAN, Judge.

¶ 1 Arizona Revised Statutes Annotated (“A.R.S.”) section 12-1198(A) states, in part, that a lis pendens “shall” be filed within five days of any action to foreclose on a mechanics’ lien under A.R.S. section 33-998(A). In this appeal, we must decide whether the word “shall” as used in A.R.S. section 12-1198(A) is mandatory or directory. We hold *363that the Legislature’s use of the word “shall” in this section is mandatory. We therefore affirm the trial court’s grant of summary judgment against HCZ Construction, Inc., on its attempt to foreclose a mechanics’ lien because the…