Who gets a copy of your Arizona preliminary 20-day lien notice form?

You'll send an original wet signature "copy" of the preliminary notice form to:

  • The owner or reputed owner
  • The original contractor or reputed contractor
  • The construction lender, if any, or reputed construction lender, if any
  • The person with whom you've has contracted
Asking your customer for a list of the entities who are supposed to receive a copy of your preliminary notice form can be nerve-wracking; when we first started out I was hugely intimidated when it came to asking for the info.

Don't be nervous though. While it's true that your customer may be offended there's no reason for him/her to be. Sometimes they think you're doing it because you think that they won't pay you and sometimes the notice is misconstrued as an actual lien.

Just refer them to the Arizona Revised Statutes 33-992.01 which clearly states that you HAVE to do the preliminary notice, and WHY you have to do it. If your customer tells you don't worry you'll get paid, still do the notice.

You never know when something/anything might go wrong and you MUST protect your lien rights just in case.

What happens if the list you're given is incorrect and/or incomplete?

If you go back and read who is supposed to receive the notice you'll see that the word "reputed" is used quite often. Reputed means "general belief" and you are sending the notice to those you believe should receive it, based on the information provided to you by your customer.

Keep a copy of the list that is given to you so in case there are problems on the job and it turns out that you haven't sent preliminary notices to the correct entities; you can show why you sent it to who you did (because you believed your customer gave you correct information).

But don't stop there. If your customer knowingly gives you false information it could be argued in court that you should have expected that could happen and therefore you should have performed independent research to verify the information.

Do whatever you can to research that information to make sure it's correct. No one wants to end up in court trying to explain why it's the other guy's fault that the correct entities didn't get preliminary notices.

You can:
  • Ask other contractors on the job
  • Pay a title company to perform title searches
  • Visit the city/county offices where each of your projects is located and search their records
  • Use any other legal methods you can come up with to find out the info
  • Hire a company to do the notices for you (but first find out what their policy is if they don't prelim the correct entities, whether due to their error or not)
The goal is that you need to be able to provide irrefutable evidence that you did everything within your power to determine and serve the actual or reputed owner, lender and original contractor, should you have to lien a property.


Arizona Preliminary 20-Day Lien 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

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 (This is the page you're on right now)

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.