The content (and timing) of preliminary notices is a topic that raises a lot of questions.
In Arizona, every potential lien claimant other than a wage laborer must provide a preliminary notice to the property owner, GC, construction lender (if any), and the party who hired the claimant. The notice must be sent within 20 days from first furnishing labor or material in order to fully protect the potential claimant. If the notice is sent later, it protects the value of the labor or materials furnished beginning from the date 20 days prior to the late notice.
The information that must be included on the notice, and the general form of the notice itself, is set forth by Arizona statute § 33-992.01. That statute states that a preliminary notice must contain:
"A general description of the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished and an estimate of the total price thereof." [emphasis added]
And, the form itself includes the following text: "An estimate of the total price of the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished is: $______________."
Accordingly, when delivering a preliminary notice in Arizona, the statutory rules require the total amount of the value of the work provided or to be provided to the property to be included.
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