20 Day Preliminary Notice Form

Arizona Lien & Notice Fact Sheet

This fact sheet explains who can file a mechanics lien on private construc6on projects in Arizona, and how to protect your right to file a lien. This download includes a preliminary no6ce template and a proof of service template.

  1. 1. WHO CAN FILE A MECHANICS LIEN IN ARIZONA?

    Any licensed person or business who provides work or materials to improve a property can file a lien. This includes:

    • Direct Contractors

    • Subcontractors

    • Material Suppliers

    • Equipment Lessors

    • Design Professionals

    • Laborers

    Excep6ons: Suppliers to suppliers do not have lien rights; Design professionals must have a direct contract with the owner; On owner occupied proper6es, you must have a wriTen contract with the owner.

  2. 2. PRELIMINARY NOTICE IS REQUIRED

    All par6es must send preliminary no6ce to protect the right to file a lien.

    Excep6on: Laborers are not required to give no6ce.

  3. 3. NOTICE IS DUE WITHIN 20 DAYS OF FIRST PROVIDING WORK OR MATERIALS

    Late no6ce protects lien rights only for work provided during the 20 days before delivering the notice

  1. 4. GIVE NOTICE TO…

    1. Property Owner

    2. General Contractor

    3. Project Lender (if there is one)

    4. The party that hired you

  2. 5. DELIVERING YOUR NOTICE

    Notice must be sent by registered or certified mail.

    To maintain proof of notice, obtain a certificate of mailing, receipt of registration, or receipt of certification. Also obtain either a signature of receipt from the persons receiving the notice, or provide an “Affidavit of Proof of Service.”

    Your notice requirement is satisfied when you deposit the notice in the mail (rather than when it is delivered). If the notice is undeliverable, proof of no6ce (as described above) will sa6sfy the no6ce requirement.

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20-DAY PRELIMINARY NOTICE

THIS IS NOT A LIEN. THIS NOTICE IS SENT AS PER ARIZONA REV. STAT. § 33- 922.01. THIS NOTICE IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR, SUBCONTRACTOR, SUPPLIER OR ANY OTHER PERSON

NOTICE TO: (Identify Name & Address of Party)

 

PROPERTY OWNER

 

 

 

PRIME CONTRACTOR (If none, write none)

 

 

 

LENDER (If none, write none)

 

 

 

Party who hired the Notifying Party (“HIRING PARTY”)

 

 

 

YOU ARE HEREBY NOTIFIED THAT the NOTIFYING PARTY has furnished or will be furnishing labor, professional services, services, fixtures, machinery, tools, equipment, or materials, of the following general description (“Services”): (Identify Work/Materials Provided by Claimant)

 

 

 

Municipal Property Address where labor, services, equipment or materials is furnished or will be furnished (“Property”):

 

 

And the Property’s Legal Description is:

 

 

 

 

 

County of

State of Arizona

This Preliminary Notice is being completed by and sent by the NOTICING PARTY:

 

 

 

An estimate of the total price of the Services furnished or to be furnished is:

$

IMPORTANT NOTICE INFORMATION APPEARS ON THE FOLLOWING PAGE

Notice to Property Owner

If bills are not paid in full for the labor, professional services, materials, machinery, fixtures or tools furnished, or to be furnished, a mechanic’s lien leading to the loss, through court foreclosure proceedings, of all or part of your property being improved may be placed against the property. You may wish to protect yourself against this consequence by either:

If bills are not paid in full for the labor, professional services, materials, machinery, fixtures or tools furnished, or to be furnished, a mechanic’s lien leading to the loss, through court foreclosure proceedings, of all or part of your property being improved may be placed against the property. You may wish to protect yourself against this consequence by either:

1. Requiring your contractor to furnish a conditional waiver and release pursuant to Arizona Revised Statutes § 33-1008, subsection D, paragraphs 1 and 3 signed by the person or firm giving you this notice before you make payment to your contractor.

2. Requiring your contractor to furnish and unconditional waiver and release pursuant to Arizona Revised Statues § 33-1008, subsection D, paragraphs 2 and 4 signed by the person or firm giving you this notice after you make payment to your contractor.

3. Using any other method or devise that is appropriate under the circumstances.

Within ten days of the receipt of this preliminary twenty day notice the owner or other interested party is required to furnish all information necessary to correct any inaccuracies in the notice pursuant to Arizona Revised Statutes § 33-992.01, subsection 1 or lose as a defense any inaccuracy of that information.

Within ten days of the receipt of this preliminary twenty day notice if any payment bond has been recorded in compliance with Arizona Revised Statutes § 33-1003, the owner must provide a copy of the payment bond including the name and address of the surety company and bonding agent providing the payment bond to the person who has given the preliminary twenty day notice. In the event that the owner or other interested party fails to provide the bond information within that ten day period, the claimant shall retain lien rights to the extent precluded or prejudiced from asserting a claim against the bond as a result of not timely receiving the bond information.

Dated: _____ day of _____________, 20____.

 

Agent for Noticing Party

Signed by:

Title:

(detach here and send lower portion back to Noticing Party at _____________________________________________)

ACKNOWLEDGEMENT OF RECEIPT OF PRELIMINARY 20-DAY NOTICE

This acknowledges receipt on ____/_____/20____ [date notice received] of a copy of the Preliminary 20-Day Notice at

 

[address where notice received].

Acknowledged on ____/_____/20____

 

Signature of person acknowledging

receipt, with title if acknowledgment

is made on behalf of another person

PROOF OF SERVICE OF 20-DAY PRELIMINARY NOTICE AFFIDAVIT

The Affiant, __________________________, being duly sworn upon oath, deposes and says:

1) I am the agent of the NOTICING PARTY and I have personal knowledge of the facts herein set forth;

2) I caused the 20-Day Preliminary Notice to be served on the following, in accordance with Arizona Revised Statute § 33-922.01:

[______]

Property Owner (Certified Mail No ___________________________________)

Name of Property Owner:

[______]

Prime Contractor (Certified Mail No ___________________________________)

Name of Prime Contractor:

[______]

Lender (Certified Mail No ___________________________________)

Name of Lender:

[______]

Hiring Party (Certified Mail No ___________________________________)

Name of Hiring Party:

I served each of the above indicated parties:

[______]   By personally delivering the notice to the identified parties;

[______]   By First Class Certified or Registered Mail service, postage prepaid, addressed to the party at the address shown on the Preliminary Notice document.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: _____ day of _____________, 20____.

Sworn to and Subscribed before me:

 

Notary Public

 

Agent for Noticing Party

Signed by

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