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Construction project in AZ non-payment, did not file 20 day prelim

ArizonaPayment Disputes

Our company has a construction project in Arizona that we have yet to receive payment on. The project was completed over a month ago. We did not file the 20 day preliminary notice for the project. Are we still able to send out a preliminary notice or a notice of intent to lien?

2 replies

Apr 2, 2020
No. The 20-day notice allows you to lien for work done 20 days prior to the mailing of the notice. So if the project is over, there is little to no work that can be secured by the lien. You still have the right to sue for breach of contract. The amount you owed will simply not be secured by a mechanic's lien on the property.
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Apr 2, 2020
Mr. Brody is correct. It is always best practice to send a 20 day prelien on ALL projects. There are several companies who provide this service.
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