Arizona Amended Preliminary Notice Form
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This Arizona Amended Preliminary Notice form is for use when the contract price changes by a certain amount during the project. You can fill out the form with a PDF editor, or by hand after printing.
About this form
At the beginning of a project, construction parties must send an Arizona Preliminary 20-Day Notice, which contains an estimate of the contract price. If during the project the price increases beyond a particular threshold, you may need to send a new preliminary notice. Previously, that threshold was 20%. Arizona passed a law that changed the threshold to 30% for projects that start on or after December 31, 2019.
Sending an Amended Preliminary Notice Form
The amended preliminary notice should be sent to all parties who originally received the original 20-Day Preliminary Notice.
Contractors who experience an increase in the scope of work, change orders, increased materials needs or labor will benefit from sending this amendment form to help protect their right to file an Arizona mechanics lien on these new accounts receivable. If you fail to send a revised notice, you will generally lose the right to file a lien for the amount beyond the amount listed in the original notice.
Need a different form?
After completing the Arizona Amended Preliminary Notice Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about Arizona Preliminary Notice
Is a GC required to file a Preliminary Notice or Intent to Lien in Arizona?
Yes, general contractors are required to send a preliminary notice in Arizona to secure mechanics lien rights. Ideally, this notice should be sent within 20 days of first furnishing labor and/or materials on the project. A notice served outside this timeframe is still effective, but it will only secure lien rights to labor/materials furnished in the 20 days preceding the notice, and everything thereafter.
As far as serving the preliminary notice, GC's should send the notice to the property owner, and the construction lender on the project, if any. Also, the statute is rather specific when it comes to how service must be made; personal service, or mailed by first class, with certificate of mailing, or registered or certified mail. An email will not suffice.
When it comes to a Notice of Intent to Lien, this is not a requirement under Arizona lien law. However, we generally advise contractors to send one as a last measure before filing their claim.
Here are some additional resources you may find helpful:
Can we file a twenty day notice at this point?
Do I need to send a preliminary lien?
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
Ask a construction lawyer about a Arizona Preliminary Notice
Other forms to use in Arizona
Arizona County Recorders
Looking to file/record a mechanics lien in Arizona? You'll need to get your Arizona mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Arizona. Click on any county to find more information about how to get your lien recorded in that county.
75 W Cleveland St
St. Johns, AZ 85936
Phone: (928) 337-7515
Fax: (928) 337-7676
1415 Melody Lane, Building B
Brisbee, AZ 85603
Phone: (520) 432-8350
110 E. Cherry Ave.
Flagstaff, AZ 86001
1400 E Ash St
Globe, AZ 85501
921 Thatcher Blvd, 2nd Floor
Safford, AZ 85546
253 Fifth Street
Clifton, AZ 85533
Phone: (928) 865-2632 or (928) 865-1717
Fax: (928) 865-4417
1112 Joshua Avenue, #201
Parker, AZ 85344
Phone: 928-669-6136 or 888-526-8685
111 S. Third Ave.
Phoenix, AZ 85003
700 W Beale St
Kingman, AZ 86401
100 East Code Talkers Drive
Holbrook, AZ 86025
Phone: (928) 524-4191
240 N Stone Ave
Tucson, AZ 85701
Phone: (520) 724-4350
31 N Pinal Street Building E
Florence, AZ 85132
2150 N. Congress Drive
Nogales, AZ 85621
1015 Fair Street, 2nd Floor
Prescott, AZ 86305
410 S. Maiden Lane, Suite B
Yuma, AZ 85364
Fax: 928) 373-6024