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
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 communication, collaboration, and transparency on the job.