How can we still file a Lien if we did not prelien
1 reply
Jun 4, 2020
An Arizona preliminary notice (or pre-lien) is an absolute requirement to secure mechanics lien rights. The notice should be sent within the first 20 days of furnishing labor or materials to secure the full protection of lien rights, However, the notice can still be sent later, but it will only cover labor and materials provided in the 20 days preceding the notice, and all provided thereafter. So if the project is still ongoing, it's better to send a late notice rather than no notice at all. If your work has been completed longer than 20 days ago, then the opportunity to secure your lien rights has passed.
If you haven't been paid, you can still pursue those amounts through a lawsuit against the party who hired you for breach of contract or unjust enrichment. Also, if the claim is for less than $3,500, in Arizona you can file the suit in small claims court.
Here are some other resources that may prove useful: