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AZ Owner Occupied Lien Rights

Arizona

Hello, We will be supplying materials to a Subcontractor on a project in AZ. The project is developer owned, but some of the units being constructed will eventually be owner-occupied. Should our contract with the general contractor have certain language in it that extends to the owner-occupant? Is that possible? Is a prelien notice to each owner-occupant enough, or do we need a contractual document? Thank you in advance.

1 reply

Oct 29, 2021
A preliminary 20-day notice must be served on the "owner or reputed owner." To be on the safe side, send the preliminary notice to the developer and anyone else you think may own the lots. You can find out if any lots have been sold by looking up the final plat to see if anyone other than the developer owns any of the lots. You do not need any language stating the lien extends to the owner occupant. The lien rights attach to the land. Whoever ends up living there really doesn't matter as long as you give a proper preliminary 20-day notice to the owner or reputed owner of the property at the time the notice is sent.
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