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Arizona 20 Day Preliminary Notices and Forms
State requires that specific text, in specific sizes, be on your Arizona 20 day Preliminary Notices and Forms.
Here's a copy and paste from Arizona Revised Statutes 33-992.01(5) (text in italic is the verbatim text) - 5. The following statement in bold-faced type:
In accordance with Arizona Revised Statutes section 33-992.01, this is not a lien and this is not a reflection on the integrity of any contractor or subcontractor.
Notice to Property Owner
If bills are not paid in full for the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being improved may be placed against the property. You may wish to protect yourself against this consequence by either:
1. Requiring your contractor to furnish a conditional waiver and release pursuant to Arizona Revised Statutes section 33-1008, subsection D, paragraphs 1 and 3 signed by the person or firm giving you this notice before you make payment to your contractor.
2. Requiring your contractor to furnish an unconditional waiver and release pursuant to Arizona Revised Statutes section 33-1008, subsection D, paragraphs 2 and 4 signed by the person or firm giving you this notice after you make payment to your contractor.
3. Using any other method or device which is appropriate under the circumstances. And from Arizona Revised Statutes 33-992.01(5)(D)(The following statement shall be in bold-faced type.)
Notice to Property Owner
If bills are not paid in full for the labor, professional services, materials, machinery, fixtures or tools furnished, or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being improved may be placed against the property. You may wish to protect yourself against this consequence by either:
1. Requiring your contractor to furnish a conditional waiver and release pursuant to Arizona Revised Statutes section 33-1008, subsection D, paragraphs 1 and 3 signed by the person or firm giving you this notice before you make payment to your contractor.
2. Requiring your contractor to furnish an unconditional waiver and release pursuant to Arizona Revised Statutes section 33-1008, subsection D, paragraphs 2 and 4 signed by the person or firm giving you this notice after you make payment to your contractor.
3. Using any other method or device that is appropriate under the circumstances.
(The following language shall be in type at least as large as the largest type otherwise on the document.)
Within ten days of the receipt of this preliminary twenty day notice the owner or other interested party is required to furnish all information necessary to correct any inaccuracies in the notice pursuant to Arizona Revised Statutes section 33-992.01, subsection I or lose as a defense any inaccuracy of that information.
Within ten days of the receipt of this preliminary twenty day notice if any payment bond has been recorded in compliance with Arizona Revised Statutes section 33-1003, the owner must provide a copy of the payment bond including the name and address of the surety company and bonding agent providing the payment bond to the person who has given the preliminary twenty day notice. In the event that the owner or other interested party fails to provide the bond information within that ten day period, the claimant shall retain lien rights to the extent precluded or prejudiced from asserting a claim against the bond as a result of not timely receiving the bond information. Then required is the date, company name, signature and title, and then the "acknowledgement of receipt" language from the Arizona Revised Statutes section 33-992.02. The text of Arizona Revised Statutes section 33-992.02 reads as follows: Proof that the preliminary twenty day notice required by section 33-992.01 was given in accordance with section 33-992.01, subsection F shall be made as follows:
1. If given by mail, by an acknowledgment of receipt of the notice in a form substantially as follows:
"____________________________
Signature of sender
Acknowledgment of receipt of preliminary twenty day notice
This acknowledges receipt on (insert date) of a copy of the preliminary twenty day notice at (insert address).
Date: _______________________________________
(Date this acknowledgment is executed)
_____________________________________
Signature of person acknowledging receipt, with title if acknowledgment is made on behalf of another person"
Additional must-know information about Arizona 20-Day Preliminary Notices -
1. Arizona 20 Day Preliminary Notices and conforming to the law
If your Arizona preliminary 20-day lien notice form doesn't have the correct text and/or isn't mailed per Arizona law, you may end up without lien rights (This is the page you're on right now)
2. Arizona 20-day preliminary notices protect your lien rights
If you don't do an Arizona preliminary 20-day lien notice when working on or supplying material/services to a project in Arizona, you may end up without lien rights
3. Arizona 20-day preliminary notices may protect you from being "stiffed" on a construction project
A mechanic's lien may be your last chance to getting paid but if you don't do the Arizona preliminary 20-day lien notice then you'll probably not be able to file a mechanic's lien
4. Arizona Preliminary 20 Day Lien Notices and the Owner's responsibility
If the Owner paid your customer but your customer won't pay you, you'll still file a mechanic's lien on the Owner's property because ultimately it's the Owner's responsibility to make sure you get paid
5. Arizona 20 Day Preliminary Notices, the 20 day mark
An explanation of what the "20 days" in the Arizona preliminary 20 day lien notice means and how it affects you
6. Who gets a copies of your Arizona 20 day preliminary notices?
A list of entities who are supposed to receive your preliminary 20-day lien notice and how to go about obtaining that list
Disclaimer: While every attempt has been and will be made to keep the information at this website accurate and up-to-date, we do not represent ourselves as experts. For specific legal questions and/or expert assistance we recommend that you contact an attorney.
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