A purpose of Arizona preliminary 20-day lien notice forms is to keep you from getting "stiffed"
Arizona Preliminary Notice forms can help keep you from getting "stiffed".
In the world of construction, while it is expected that you'll be paid for your work, unfortunately there are times when payment is not so easily forthcoming. These are the times when the preliminary notice is important.
The main purpose of the Arizona Preliminary Notice form is to announce that you and your company are present and that you have a financial interest in the property. Even though your General Contractor (GC) knows that you are involved on the project, his customer (presumably the owner of the property) may not know.
It's your legal responsibility to tell the Owner (and the rest of the financially interested parties) that you have a claim on the property, by processing the Arizona Preliminary Notice form.
Here's why:
You've finished the job, and your general contractor is refusing to pay you. After you've gone to court and you've won your judgment against the GC, who is going to make sure that you get paid?
Don't look at the judge, he's a judge not a bill collector. Sure he ruled in your favor, maybe even awarded you more than what you were asking for (hah!), but unfortunately he's not going to reach into the GC's checking account to get your money for you.
Don't look at the GC, he didn't want to pay you to begin with, remember? He's not going to write you a check, not if the judge doesn't make him do it. Or at least not a good check anyway...
You see, he knows what you now know: the judge isn't going to reach into the GC's checking account and get your money for you!
So...
Now you're back to where you were before you went to court (except that, in addition to still not being paid, now you're in debt to your attorney), the GC still owes you and he still won't pay you! What to do ??
Short of breaking the GC's kneecaps ;) about the only thing you can do is file a mechanic's lien on the property you did the work on. BUT, only if you processed your Arizona Preliminary Notice form!
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Additional must-know information about Arizona Preliminary 20-Day Lien Notice Forms -
1. Arizona Preliminary 20-Day Lien 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
2. Arizona preliminary 20-day lien 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 (This is the page you're on right now)
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 Preliminary 20 Day Lien 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 copy of your Arizona preliminary 20-day lien notice form?
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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