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Do I need to modify the pre lien information now if the prime contractor is not going to complete the job?

ArizonaPreliminary Notice

I have a job in the state of Arizona and did a pre lien naming the property owner and the prime contractor. The prime contractor is no longer going to complete the project, the property owner is. If I have to file a lien at the end of the job does the pre lien need to be modified showing the prime contractor is not active?

1 reply

Mar 25, 2019

According to Arizona statutes, anyone who furnishes labor or materials (except those performing actual labor for wages) must send a 20-day preliminary notice in order to secure their lien rights. Even if the prime contractor has left the project, and the contractor continued to work on the project, it is presumably under the same contract. This would mean then no amendment would be required, since the information was accurate at the time the notice was sent. Amendments to preliminary notices in Arizona are typically used when the estimated total contract price is exceeded by 20%. If working under a new contract, a new preliminary notice should be sent to secure any lien rights. If the deadline has passed, a contractor can still send a preliminary notice at any point afterward, but it will only cover lien rights for labor or materials furnished 20 days prior to sending the notice and any furnished thereafter. For more information visit Arizona: Lien & Notice FAQs.

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