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Do I need to send a preliminary lien?

ArizonaMechanics LienPreliminary Notice

What does a "real exception is wage earners" of #1 of this artical mean? I am not a contractor and did various work for the owner of the property(i.e. painting, built shelving, did yard work, cleaning, etc.) just about anything that did not require a license. Did I need to file a 20 day preliminary lien?

2 replies

Nov 10, 2020

I believe you're referring to this article: Arizona Mechanics Liens | 5 Things You Need to Know.

In Arizona, nearly everyone involved in the construction or repair of real property need to send a 20-Day Preliminary Notice under Arizona's lien laws. However, one of the few exceptions is a "person performing actual labor for wages." This means an individual who only provides labor, at an hourly rate, that isn't purchasing or providing any materials to the improvement. These parties are not required to provide a preliminary notice to secure their lien rights in Arizona

One last thing to note, the general rule for mechanics liens is that the work must be some sort of "permanent improvement." Given the description of work you provided, painting and building shelves may be considered lienable work. However cleaning services and general yard work/maintenance will likely not be covered.

For more information, see: How to File an Arizona Mechanics Lien | A Step-by-Step Guide 

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Nov 14, 2020
If we (the home owner and me) did not break up the hours for wages into projects that I did, for example, we did not break the hours for painting and hours for yard work separately, they all went into hours worked daily. It was then added to the weekly hours worked, then added to our contract. So how do you discern the earn wages that qualify for a lien and the ones that don't?.
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