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Can a 20 day prelim be filed for housing owned by the United States, more specifically the National Park Service

ArizonaMiller ActPreliminary Notice
Anonymous General Contractor

We are starting a job at the Grand Canyon remodeling resident housing owned by the National Park Service and would like to file a 20 day prelim mechanics lien

1 reply

Levelset Admin at Levelset
| 1,005 reviews
Mar 17, 2020
Preliminary notices are not payment claims. Rather, they're more like informational letters that let others know you're working on the job. And, a byproduct of those notices is that they can protect lien rights or bond rights, depending on the project type and what's required. But, because a preliminary notice is more or less just an informational notice, a preliminary notice can be sent on any job, regardless of the other circumstances.

Arizona preliminary notice requirements

For projects on federally owned land, mechanics lien claims won't be available, so a preliminary notice won't preserve any lien right. And, if the job is federal, then a payment bond won't be required by state statute - so a 20-day preliminary notice won't preserve any bond claim right, either. Now, for federally owned construction projects exceeding $150,000, a payment bond will typically be required pursuant to the Miller Act. However, there's no preliminary notice requirement in order to make a Miller Act claim (aka a federal payment bond claim). In other words: Preliminary notices aren't required for federal projects. With that being said, it's a good idea to send preliminary notice. Regardless of whether a prelim preserves any rights, notices improve communicationcollaboration, and transparency on the job.
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