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Can I file a mechanics leain?

Arizona

We are surprise granite a General Contractor hired by the Property Owner on a Residential project at Arizona, Surprise, 85379. We atarted in March 21, 2023 and ended May 23, 2023. I did not send a Preliminary Notice . Can I still file a lein?

1 reply

Jun 5, 2023

You cannot file a lien right now. You must provide a preliminary notice to be able to enforce your lien rights later. Never do work without timely serving a preliminary notice. Paying an attorney for advice is a tiny fraction of the value you are risking by making mistakes, just as made here. 

If the last work was done May 23, 2023, you should properly serve an accurate preliminary notice immediately. It will not give you lien rights the majoirity of your work but it could cover some of the work. The notice, essentially, protects the work done 20 days before its sending. I don't know the value of the work in that limited window. That is something to discuss with your attorney. 

Reach out for advice on this matter and how to avoid mistakes like this going forward. 

Robert Murillo

robert@pivotallegal.com. 

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