Arizona Preliminary 20-Day Notice Form
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Fill out the fields to download your free Arizona Preliminary 20-day Notice form. The downloadable form can be filled out electronically with a PDF editor or by hand after printing. Sending preliminary notice protects your lien and bond claim rights on construction projects in Arizona.
Sending a 20-Day Notice, also known as an Arizona preliminary notice, is a requirement for construction parties that want to protect their right to file a mechanics lien. Arizona law is strict about the language on the form. This form download was prepared by construction lawyers to meet the requirements set forth in Arizona Revised Statutes 33-992.01.
Sending a completed 20-Day Notice Form
Once completed, you must send this form to the owner, the prime contractor, the lender, and the party who hired the noticing party within 20 days of first furnishing services, labor or materials. Failure to deliver notice forfeits a party’s right to file a mechanics lien in Arizona should there be payment problems at the end of the construction job. A late notice is not completely ineffective, but only preserves the right to lien for services furnished within 20 days of the notice, and thereafter.
Sending a 20-day preliminary notice to everyone up the payment chain is best practice in most states, but in Arizona it is a requirement for protection your rights to file a lien or bond claim. If the need to file a mechanics lien should arise, you must include a copy of the notice and proof of mailing of the 20-day preliminary notice. If you don’t, it could result in an invalid lien.
Worried about how to fill out the form and mail it correctly? Use Levelset’s document builder to create and properly mail 20-day notices on your construction projects.
Rules and regulations for sending a Arizona Preliminary Notice
To preserve lien rights in AZ, a 20-Day Preliminary Notice must be delivered to the owner, prime contractor, construction lender (if any) and the party with whom you contracted within 20 days of beginning work. Any preliminary notices sent tardy will not be invalid, but rather will just be effective to the materials, labor and services provided beginning 20-days from the mailing of the notice and continuing thereon.
After completing the Arizona Preliminary 20-Day 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