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Should I be pre-liening my prívate projects?

ArizonaLien WaiversMechanics LienPreliminary Notice

Im a Roofer contracted with solar companies to repair/replace multiple roofs where they are doing solar work, should I be preliening them ?

2 replies

Dec 13, 2021

I think you are asking about preliminary notices. There is no pre-lien. 

You must properly and timely serve that notice as this is a condition to being able to file a lien. That must be served no later than 20 days after the claimant’s first contribution of labor, services, tools, materials, fixtures, or machinery to the job site. A.R.S. § 33-992.01(C).

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Dec 14, 2021
You should always send a preliminary 20-day notice when you start work on any project. A lot of contractors do not send one until there are problems with payment. That is often too late since a mechanic's lien in Arizona only secures payment for labor/materials that were delivered 20 days before the notice was sent forward. Often the reason a contractor will not send a notice is because they are concerned that the owner will get mad. But a preliminary 20-day notice is not a public record and it has no effect on the property. If the contractor is paid for the work, the notice is meaningless. Always send a preliminary 20-day notice on every project on the first day you start work.
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