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AZ 20 day Prelim Notice

Handle liens for manufacture/install company. Filed 20 day preliminary notice for a project in Gilbert, AZ. Project will start in a week or so prelim was sent early. Recevied call from owner of building requesting that we dismiss the lien immediately. From researching online and within Levelset our office had concluded that we are in the right in filing the preliminary notice. However the forum that Levelset provides is a great place to learn so I thought I would pose this question. Thank you all!

2 replies

Jun 18, 2020

I think, in this situation, the property owner doesn't fully understand the purpose of a preliminary notice. You are well within your rights to send one. Not only to secure your right to file a mechanics lien if a payment problem arises later on, but it's also generally a good business practice to send one on every project; regardless of lien rights. Sending a prelim helps promote visibility and communication on the project. That way everyone up the payment chain knows who you are and what you're providing on the project, which can help you get paid faster. Most importantly, a preliminary notice doesn't mean that a mechanics lien has been filed at all. It only secures your right to do so. No legal action or consequences arise from simply sending a preliminary notice. I'm glad you find our resources helpful. Feel free to come back with any other questions you may have. We're here to help! Here are some additional resources you may find useful to tackle this situation.

Good luck!

1 person found this helpful

Helpful

Jun 18, 2020

Thank you Alex!

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