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
Can I file a Lien
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?
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