Arizona Amended Preliminary Notice Form
Download your Amended Preliminary Notice Form | Free Downloadable Template
Get help filing your Arizona Preliminary Notice
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
Do 20 day Preliminary notices Have to be sent Certified and with a return receipt?
The short answer to this is no, Arizona 20-day preliminary notices do not need to be sent by certified mail with return receipt requested. You can find details about this and other Arizona preliminary notice requirements here. Now, here is a bit more details.
The different ways to mail notices...
I provide this just as a point of clarity. The terms "certified mail" and "certified mail return receipt requested" commonly get confused as the same thing, and the details about each are commonly confused. State laws typically "require" one of these methods.
Generally speaking, preliminary notices can typically be sent in one of four ways:
- Regular mail (which is just a regular stamp);
- Certified mail (without return receipt requested). This requires a signature, and you can always access the signature, but the signature does get sent back to you. Delivery is confirmed and tracked and returned to you;
- Certified mail with return receipt requested. This requires a signature exactly like certified mail, but the signature is returned immediately to you. Delivery is confirmed and tracked and returned to you;
- Registered mail is an additional service you can pay for on top of these other mail types. It "registers" the mail piece and provides superior tracking of the mailpiece as it is being delivered, but is not a signature-collecting/confirming delivery, like certified mail.
Arizona requires.....confirmation of sending!
The funny thing about Arizona's preliminary notice rules is that it is pretty liberal about the type of mailing required, and instead, it puts the emphasis on sending.
You want, in other words, to have the proof that you are sending. In Arizona, you can actually send the mail by just regular mailing without any certified or registered services, so long as you keep a "certificate of mailing"). It is common in Arizona for notices to be sent with a "acknowledgment section," so that the person receiving it will sign the acknowledgment of receipt and return it to the sender (Yeah, that happens sometimes, but it's terribly hard to rely on).
So, let me break this down more specifically.
First, the law says you can send the notice by "either first class mail with a certificate of mailing" -- which is just regular mail -- or "by registered or certified mail, with the sender obtaining a certificate of mailing, receipt of registration, or receipt of certification."
Second, "If sent properly, the notice is considered served upon mailing – not when the recipient actually receives it."
Under no circumstances do you need to send notices in Arizona with "return receipt requested." And -- in my opinion -- it's a waste of money to do so. However, because regular certified mail will make your life so much easier in Arizona (versus chasing down receipt acknowledgments, certificates of mailing, etc.), I do think it's worth paying for certified mail without return receipt.
TL;DR: Send Arizona notices by certified mail.
Can I file a lien?
REsidentail same as commercial when filing a Preliminary?
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