Arizona
Construction Documents

Mechanics Lien, Bond Claim, Notice and Lien Waiver Forms.


Download free Arizona Mechanics Lien and Preliminary Notice forms in PDF format. All forms are made available by zlien subject to our terms of use.

Private Projects

Arizona

Amended Preliminary Notice

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In Arizona, an additional 20-Day Preliminary Notice must be delivered when the value of the labor and/or materials furnished to the project exceed by more than 20% the value set forth in the original (or most recent) 20-Day preliminary notice. It should be sent to all parties who originally received a 20-Day Preliminary Notice

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Private Projects

Arizona

Notice of Completion

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In Arizona, when a Notice of Completion has been recorded at the completion of work, the time that claimants have to file a lien is reduced. A copy of the Notice of Completion must be sent to the owner, the original contractor and all persons from whom the person recording this notice has previously received a preliminary 20-day notice.

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Public Projects

Arizona

Public Stop Notice and Bond ClaimClaim on Bond

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Mechanics liens are not available on state, county, or municipal projects, so bond claims are the appropriate remedy. This product is for bond claimants in Arizona and must be sent to the general contractor. However, it's also a good idea to send a copy to the surety and the public entity awarding the project.

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Arizona

Partial Unconditional Lien Waiver

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This waiver – the Unconditional Waiver and Release on Progress Payment – should be used when a progress payment on the project has been received. Further payments may be expected, but the specific partial payment discussed in the waiver has been received.

Because this is an “unconditional” waiver, it should only be used when payment has actually been received. If payment has not been received, if the check hasn’t yet cleared the bank, or if there is some other reason why payment might ultimately fail, this waiver should not be furnished. If this is the case, signing a “conditional” waiver is a safer option.

Arizona

Partial Conditional Lien Waiver

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This waiver – the Conditional Waiver and Release on Progress Payment – should be used when a progress payment on the project is expected. There may be future expected payments on the project, but this waiver applies only to a specific, expected progress or partial payment.

Because this is a “conditional” waiver, it is ok if payment has not yet been received. The waiver is “conditional” on the receipt of the payment and will be invalid if payment is not ultimately received. If payment has already been received in full, an “unconditional” waiver may be more appropriate.

Arizona

Final Conditional Lien Waiver

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This waiver – the Conditional Waiver and Release on Final Payment – should be used when the final payment for a project is expected but has yet to be received. Signing this waiver signifies that no further payments are expected following the payment described in the waiver.

Because this is a “conditional” waiver, it is ok if payment has not yet been received. The waiver is “conditional” on the receipt of the payment and will be invalid if payment is not ultimately received. If payment has already been received in full, an “unconditional” waiver may be more appropriate.

Arizona

Final Unconditional Lien Waiver

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This waiver – the Unconditional Waiver and Release on Final Payment – should be used when the final payment on the project has been made and received by the party that furnished labor or materials. Signing this waiver indicates that payment has been received and no further payments are expected.

Because this is an “unconditional” waiver, it should only be used when payment has actually been received. If payment has not been received, if the check hasn’t yet cleared the bank, or if there is some other reason why payment might ultimately fail, this waiver should not be furnished. If this is the case, signing a “conditional” waiver is a safer option.

Private Projects

Arizona

Stop Notice Form

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Anyone with the right to file a mechanics lien in Arizona also has the right to deliver a Stop Notice to the property owner and lender (if any). These notices place a lien on the project’s funds, rather than the project’s property itself. Which to file (or whether to file both) is up to the claimant, and depends on the claimant’s goals. The period to file a stop notice is the same as the period to file a mechanics lien. Click the button below to download an Arizona Stop Notice form.

Private Projects

Arizona

Mechanics Lien Release Form

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After your claim of lien is satisfied, it must be canceled within 20 days, or you can be subject to penalties. Liens may also be canceled after they expire, or for any other reasons.

Private Projects

Arizona

Notice of Intent to Lien Form

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Although not required in the state of Arizona, a claimant may deliver a Notice of Intent to Lien to any party to a construction project. This document provides the noticed party with a 10-day period to make payment to the claimant, before a lien is filed. Delivery of this notice does not suspend the lien period.

Private Projects

Arizona

20 Day Preliminary Notice Form

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In Arizona, a 20-Day Preliminary Notice must be delivered to the owner, the prime contractor, the lender, and the party who hired the noticing party within 20 days of first furnishing services, labor or materials. Failure to deliver notice forfeits a party’s right to lien. A late notice is not ineffective, but only preserves the right to lien for services furnished within 20 days of the notice, and thereafter.

Private Projects

Arizona

Mechanics Lien Form

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The Notice of Claim of Lien is Arizona’s mechanic’s lien. It must be filed within the time prescribed by law, and is generally available to any party who has not been paid on a construction project. “An exception” exists for owner-occupied residential structures. For these types of construction, only the party who contracted directly with the property owner can file a lien. In addition, a claimant who has a right to lien may also file a Stop Notice. This liens the funds of the project, rather than the property as a whole. This may be filed in addition to the lien, or instead of the lien, depending on the claimant’s goals.

Public Projects

All States

Notice to Insurer

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When insurance is involved

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Public Projects

All States

Generic Preliminary Notice

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Not everyone is required to send preliminary notice, but it's a good idea to send notice anyway. By sending a notice sich as the generic, non-statutory preliminary notice, the sending party can help establish a transparent and communicative project.

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Public Projects

All States

Notice That Bond Claim Will Be Challenged

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When a bond claim is filed, an owner, GC, or some other party may wish to challenge the validity of the claim. This document, when sent to a claimant, will inform them that the bond claim will be challenged.

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Public Projects

All States

Request for Licensing Information

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There are plenty of reasons licensing information could be critical - including being sure that properly vetted parties are performing work. This document serves as a request for the licensing information from the party who receives it.

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Public Projects

All States

Notice of Completion (General)

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Sending a Notice of Completion, even when not required, can be beneficial for top of the chain parties. In states where lien deadlines run from project completion, determining when the project is actually complete is a common point of contention. Sending a non-required Notice of Completion can help solidify the date of completion, thus starting the clock for lien claimants and limiting the liability of top-of-chain parties like an Owner or General Contractor.

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Public Projects

All States

Project Awareness Letter

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The Project Awareness Letter is the first step towards fostering collaborative relationships with higher-tier parties. It's a friendly letter that simply lets the Property Owner and General Contractor know you're working on the job, and it helps to open the lines of communication from day 1 of a project. We recommend sending this letter right when you're hired on the job. Note that this letter is not statutory and does not protect lien rights.

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Public Projects

All States

Notice to Insurer

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When insurance is involved

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Public Projects

All States

Waiver of Miller Act Claim

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Miller Act Claims are not easily waived, but a waiver the right to file an action on the Contractor's payment bond is possible. It must be done clearly and unequivacly after the potential claimant has completed their work on the project.

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Public Projects

All States

Notice of Intent to Challenge Lien

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When a mechanics lien is filed, an owner, GC, or some other party may wish to challenge the validity of the filed lien. This document, when sent to a lienor, will inform that lienor that the lien will be challenged.

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Public Projects

All States

Preliminary Notice on Miller Act Project

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Preliminary Notice before or contemporaneously with the start of work is not required on federal projects under the Miller Act. However, contractors and suppliers may deliver a preliminary notice document to the public agency or any upper tiered contractor to notify those parties they are performing work on the project. This does not act to preserve any claim rights, since it is not a required filing.

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Public Projects

All States

Notice of Potential Breach

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Sometimes, the parties you hire may need a little extra nudge to stay on track with releasing payments, staying on schedule, or some other facet of the job. When an issue arises that might not necessarily be grounds for termination, a Notice of Potential Breach of Contract serves as a warning: if issues are not resolved, their status on the project may be in jeopardy.

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Public Projects

All States

Release of Miller Act Claim

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On federal construction projects, Miller Act claims take the place of mechanics lien claims to provide protection for unpaid parties. Whenever a claimant has received payment, their Miller Act claim should be released. This release should be sent to the project's Prime Contractor and the Surety against whom the claim was made.

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Private Projects

All States

Notice of Intent to Make Bond Claim

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A Notice of Intent to Make Bond Claim is not a required document, but it can be a powerful one. By sending this notice, a claimant can show other parties on the project (1) that payment issues are present; and (2) slow payment or nonpayment will not be tolerated. When utilized, this form should be sent to the nonpaying party, the general contractor, the surety, and/or the awarding authority.

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Private Projects

All States

Request for Affidavit of Payment (General)

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Before making payment, a paying party may request that the party receiving payment submit an Affidavit of Payment. When submitted, this Affidavit of Payment, serves as proof that (1) the Submitting Party has been paid in full; and (2) the Submitting Party has paid their subcontractors, suppliers, or any other party with whom they contracted with as required.

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Private Projects

All States

Affidavit of Payment (General)

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This Affidavit of Payment is a voluntary document, meaning that this form is not specifically required by any statute. However, it serves as proof that (1) the Submitting Party has been paid in full; and (2) the Submitting Party has paid their subcontractors, suppliers, or any other party with whom they contracted with as required.

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Private Projects

All States

Demand for Payment

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By sending a Demand for Payment, a Claimant notifies any recipients that legal action may result if payments are not forthcoming.

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Private Projects

All States

Notice of Intent to Suspend Work (General)

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This form notifies the receiving party that you intend to suspend work if a payment dispute is not cleared up. Sending a Notice of Intent to Suspend Work to your customer or hiring party will likely be the most effective. However, sending the notice to other up the chain parties - such as a prime contractor or even the owner - could help put pressure on a non-paying party and speed up payments.

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Private Projects

All States

Request for Payment Bond Information (Generic, Non-Statutory)

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This is a generic form for requesting payment bond information. This form simultaneously (1) requests the payment bond information for a given project; and (2) informs the receiving party that payments might not be going according to plan on the project.

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Private Projects

All States

Notice of Intent to Make Retainage Claim

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This is not a required document in any state, however, it can still be effective to speed up payments. By sending this notice, a claimant can show that they mean business – if excessive retention continues to be an issue on the project, the claimant will not sit idly by.

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Private Projects

All States

Notice of Intent to Make Prompt Payment Claim

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This is not a required document in any state, however, it can still be effective to speed up payments. By sending this notice, a claimant can show that they mean business – if slow payments continue to be an issue on the project, the claimant will not sit idly by.

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Private Projects

All States

Notice of Incomplete Payment

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This is not a legally required document - but it can be an effective one. This notice provides an early message that payments aren’t going according to plan.

If a party has received incomplete payment, this Notice of Incomplete Payment will inform any recipients of the payment issue. It provides an opportunity to handle the payment discrepancy with clarity and without having to resort to a lien claim.

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Private Projects

All States

Notice of Intent to File Action on Bond

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A Notice of Intent to File Action on Bond is a voluntary document, but it’s a powerful one. The document serves as a sort of “warning shot” - the claimant is showing that, if payment is not made, they won’t hesitate to file suit to enforce their bond claim. Often, a property owner or contractor will be persuaded to make payment after receiving a Notice of Intent to File Action on Bond.

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Private Projects

All States

Notice of Intent to File Miller Act Suit

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A Notice of Intent to File a Miller Act Suit is a voluntary document, but it’s a powerful one. The document serves as a sort of “warning shot” - the claimant is showing that, if payment is not made, they won’t hesitate to file suit in federal court to enforce their bond claim. Often, a property owner or contractor will be persuaded to make payment after receiving a Notice of Intent to File a Miller Act Suit.

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Private Projects

All States

Notice of Intent to Foreclose

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A Notice of Intent to Foreclose is a voluntary document, but it’s a powerful one. The Notice of Intent to Foreclose document serves as a sort of “warning shot” - the claimant is showing that, if payment is not made, they won’t hesitate to foreclose/enforce their mechanics lien. Often, a property owner or contractor will be persuaded to make payment after receiving a Notice of Intent to Foreclose.

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Private Projects

All States

Notice of Nonpayment

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This is not a legally required document - in states where a Notice of Nonpayment is a required document, this product will not fulfil that requirement! This notice provides an early message that payments aren’t going according to plan.

If a party has been shorted on payment, or if payment is not forthcoming at all, this Notice of Nonpayment will inform any recipients of the payment issue. It provides an opportunity to handle the payment discrepancy with clarity and without having to resort to a lien claim.

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Private Projects

All States

Notice of Withholding Payment

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This is not a legally required document. However, this Notice of Withholding provides a clear communication as to why payment is being withheld from a given party, and what work needs to be completed or fixed in order to receive that payment. Offering clear communication around the work in question will help avoid any further escalation of the dispute.

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Private Projects

All States

Payment Application

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Payment applications can get complicated, fast. This is the zlien payment application - streamlined for ease of use.

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Private Projects

All States

Request for List of Subcontractors & Suppliers

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This is not a legally required document, but it is a helpful one! By requesting a list of all parties down-the-chain on a project, a clearer picture of the project’s workflow and payment chain can be drawn. The best way to fend off disputes on a project is to stop them before they start, and creating a transparent project is a proven way to do that.

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Private Projects

All States

Request for Project Information

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This is not a legally required document, but it is a helpful one! By requesting the project information, a clearer picture of the top of a project’s payment chain can be drawn. Further, this information will enable the requesting party to get in touch with top of chain parties should a dispute arise on the project.

The best way to fend off disputes on a project is to stop them before they start, and creating a transparent project is a proven way to do that.

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Private Projects

All States

Request for Reasons Payment Was Withheld

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This is not a legally required document. However, this Request for Reasons Payment Was Withheld calls for a clear communication as to why payment is being withheld from a given party.

Upon response, it will be clear what work needs to be completed or fixed in order to receive that payment. Offering clear communication around the work in question will help avoid any further escalation of the dispute.

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Arizona

File a Stop Notice through zlien

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In some states, Stop Notices are available to contractors and suppliers as an alternative to (or in addition to) their Mechanic Lien Rights. A Stop Notice is delivered to the prime contractor or property owner, and demands that they withhold enough funds to pay your claim. If the property owner or prime contractor is in possession of funds at the time your Stop Notice is sent, they will be responsible for payment of your claim if they disburse those funds to other parties. Click to file a Stop Notice through zlien.

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