I work in the service department for electrical commercial contractor. We propose repairs that could go as high as 5K however we do not enter into a contract/written agreement. Can we file a pre-lien?
1 reply
Feb 28, 2020
Arizona preliminary notices don't get filed. Rather, these notices are sent (mailed) to recipients. Further, they don't actually stake a claim - rather, a preliminary notice is really just an informative document that's sent to let everyone else know you're on the job, plus it works to preserve potential mechanics lien rights. So, really, a preliminary notice could be sent even if there were no lien rights available.
Regarding a written contract - a contractor won't necessarily need a written contract in order to have lien rights on an Arizona commercial project. For residential projects, though, only a contractor who's got a written contract directly with the owner will be entitled to file a lien.
Finally, keep in mind that mechanics lien rights aren't always available for maintenance-type work, though installations and repairs will usually give rise to lien rights. Further discussion on that topic here: Do Repair and Maintenance Companies Have Mechanics Lien Rights?