Mechanics Lien Filing Package — Arizona

Mechanics Lien Filing Package (Arizona)

Quick-Reference Summary

Confirm the claimant, property, contract, notice, amount, and recording facts before using the lien claim or complaint.

Part A — Pre-Lien Notice

A-1. Preliminary Twenty-Day Notice

PRELIMINARY TWENTY-DAY NOTICE (PRECONSTRUCTION LIEN NOTICE)
(Required by A.R.S. § 33-992.01)

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.

To: [OWNER OR REPUTED OWNER]
[OWNER ADDRESS]

To: [ORIGINAL CONTRACTOR]
[ADDRESS]

To: [CONSTRUCTION LENDER, if any]
[ADDRESS]

To: [PERSON WITH WHOM CLAIMANT CONTRACTED, if other than original contractor]
[ADDRESS]

You are hereby notified that [CLAIMANT NAME], whose address is [ADDRESS], has furnished or will furnish labor, professional services, materials, machinery, fixtures, or tools of the following general description: [DESCRIPTION], for the building, structure, or other work of improvement located at:

[PROPERTY DESCRIPTION / STREET ADDRESS, COUNTY, AZ]

The name of the person who contracted for purchase of those items is: [CONTRACTING PARTY].

An estimate of the total price of the labor, professional services, materials, machinery, fixtures, or tools furnished or to be furnished is $[____].

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.

Within ten days after 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 J or lose as a defense any inaccuracy of that information.

Within ten days after 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.

Signed: ________________________ [CLAIMANT, by SIGNER NAME, TITLE]

ACKNOWLEDGMENT OF RECEIPT OF PRELIMINARY TWENTY DAY NOTICE

This acknowledges receipt on [DATE] of a copy of the preliminary twenty day notice at [ADDRESS].

Date acknowledgment executed: [DATE]

Signature of person acknowledging receipt: ________________________ Title, if signing for another person: [TITLE]

Retain the acknowledgment of receipt. If it is not returned within 30 days after mailing, use the mailing affidavit and attach the certificate or mailing receipt as required by A.R.S. § 33-992.02.

Part B — Claim of Mechanics Lien (Notice and Claim of Lien)

NOTICE AND CLAIM OF LIEN
(Pursuant to A.R.S. § 33-993)

Eligibility before recording: Is this a qualifying owner-occupied dwelling under A.R.S. § 33-1002? ☐ No ☐ Yes. If yes, does Claimant have a written contract directly with the owner-occupant? ☐ Yes ☐ No. A claimant without that contract may not record this lien against the dwelling.

STATEMENT OF CLAIMANT:

[CLAIMANT NAME], the undersigned, claims a lien upon the property described above for labor, professional services, materials, machinery, fixtures, or tools furnished for the improvement of said property, in the principal sum of $[____], together with interest from [__/__/____].

VERIFICATION (A.R.S. § 33-993)

State of Arizona ) ss. County of [____])

I, [NAME], being first duly sworn, depose and say: I am the Claimant (or authorized representative of the Claimant) named in the foregoing Notice and Claim of Lien; I have read it and know its contents; the matters stated are true to the best of my knowledge. If preliminary notice was required, it was given under A.R.S. § 33-992.01, and a copy with proof under § 33-992.02 is attached.

Signed: ________________________ [NAME], [TITLE]

Subscribed and sworn to before me this [__] day of [____], 20[__].

Notary Public: ________________________ Commission Expires: [__/__/____]

Attach: (1) Preliminary Twenty-Day Notice, when required; (2) acknowledgment of receipt or, after 30 days without its return, the mailing affidavit with the required certificate/receipt under A.R.S. § 33-992.02; (3) written contract, if applicable; (4) legal description (Exhibit A). Record original with County Recorder.

Part C — Notice of Filing Lien Claim to Owner

[Date: __/__/____]

To: [OWNER NAME]
[OWNER ADDRESS]

Via Certified Mail, Return Receipt Requested

Re: Recording of Notice and Claim of Lien — [PROPERTY ADDRESS]

Dear [OWNER]:

Please take notice that on [__/__/____], the undersigned recorded a Notice and Claim of Lien against the above-described real property with the [____] County Recorder, at Recording No. [____], in the principal amount of $[____], pursuant to A.R.S. § 33-993.

A true and correct copy of the recorded Notice and Claim of Lien (with the Preliminary Twenty-Day Notice and proof of service attached as recorded) is enclosed.

This Notice is served upon you in compliance with A.R.S. § 33-993(A). If the amount claimed is not paid, the undersigned intends to commence an action to foreclose the lien and record a notice of pendency within the six-month period measured from lien recording under A.R.S. § 33-998(A), with the notice of pendency filed within five days after the action or defense as required by A.R.S. § 12-1191(A).

Sincerely,

[CLAIMANT NAME], by [SIGNER NAME, TITLE]
[ADDRESS, PHONE, EMAIL]

Enclosure: Recorded Notice and Claim of Lien with attachments.

Part D — Suit to Foreclose

SUPERIOR COURT OF ARIZONA — [____] COUNTY

Case No.: [____]
COMPLAINT TO FORECLOSE MECHANICS' LIEN

Plaintiff [CLAIMANT], by counsel, alleges:

I. Parties, Jurisdiction, and Venue

1. Plaintiff is a [entity type] organized under the laws of [STATE] with its principal place of business at [ADDRESS], registered Arizona contractor License No. [____] (if applicable).
2. Defendant [OWNER] is the record owner of real property located at [PROPERTY ADDRESS], [____] County, Arizona, more particularly described on Exhibit A ("Property").
3. Defendant [ORIGINAL CONTRACTOR] was the original contractor for improvements to the Property.
4. Venue basis: [________________________________]. Plaintiff seeks foreclosure of the recorded lien under A.R.S. § 33-998.

II. Facts

5. On [__/__/____], Plaintiff entered into a contract with [CONTRACTING PARTY] to furnish [DESCRIPTION] for the improvement of the Property in the amount of $[____].
6. Plaintiff first furnished labor, professional services, materials, machinery, fixtures, or tools on [__/__/____] and last furnished on [__/__/____].
7. On [__/__/____], within 20 days after first furnishing to the jobsite, Plaintiff served a Preliminary Twenty-Day Notice in compliance with A.R.S. § 33-992.01 on the Owner or reputed Owner, Original or reputed Contractor, Construction or reputed Lender if any, and the person with whom Plaintiff contracted.
8. Payment-bond status under A.R.S. § 33-1003: [no qualifying bond and contract recorded / qualifying bond and contract recorded, but Plaintiff contracted in writing directly with Owner / other — attach analysis].
9. Plaintiff is owed a principal balance of $[____], plus interest.
10. On [__/__/____], within the applicable 120-day period after statutory completion or 60-day period after a recorded and properly served Notice of Completion, Plaintiff recorded a Notice and Claim of Lien with the [____] County Recorder at Recording No. [____].
11. Within a reasonable time after recording, Plaintiff served the duplicate copy on the Owner pursuant to A.R.S. § 33-993(A) [or document why the Owner could not be found within the county].

III. Claim for Foreclosure (A.R.S. § 33-998)

12. Plaintiff incorporates the foregoing.
13. Plaintiff claims a perfected mechanics' lien and requests a judgment establishing and foreclosing it, with application of sale proceeds to the proved lien debt of $[____], plus recoverable interest and costs. A.R.S. § 33-998(B) permits the court to award reasonable attorney fees to the successful party.

IV. Claim for Breach of Contract (against [CONTRACTING PARTY])

14. Plaintiff incorporates the foregoing.
15. [CONTRACTING PARTY] breached the contract by failing to pay $[____] due and owing, causing direct damages in that amount.

V. Prayer for Relief

WHEREFORE, Plaintiff requests:

a. Judgment establishing the validity, priority, and amount of Plaintiff's mechanics' lien in the sum of $[____] plus interest from [__/__/____];
b. An order foreclosing the lien and directing sheriff's sale of the Property;
c. Judgment against [CONTRACTING PARTY] for breach of contract;
d. Reasonable attorney fees under A.R.S. § 33-998(B), if Plaintiff is the successful party, and recoverable costs;
e. Such other relief as the Court deems just.

[ATTORNEY NAME, AZ BAR NO.]
[FIRM, ADDRESS, PHONE, EMAIL]
Attorneys for Plaintiff
Date: [__/__/____]

Record the Notice of Lis Pendens within five days after filing the action or raising the defense and within the six-month period measured from lien recording. A.R.S. §§ 12-1191(A), 33-998(A).

Part E — Pre-Filing Checklist

☐ Confirm any contractor license or professional registration required for lien rights under A.R.S. § 33-981(C), (E) is current
☐ Search for a recorded A.R.S. § 33-1003 payment bond and contract; classify the direct-written-owner-contract exception and bond claim if applicable
☐ Check the A.R.S. § 33-1002 owner-occupied dwelling restriction and direct-written-contract exception
☐ Check preliminary-notice timing under A.R.S. § 33-992.01(C), (E), including any limit on work covered by a late notice
☐ Retain acknowledgment of receipt or, after 30 days without its return, mailing affidavit with required certificate/receipt under A.R.S. § 33-992.02
☐ Identify date of completion (or estimated completion) of improvement
☐ Confirm whether a Notice of Completion was recorded (60-day vs 120-day window)
☐ Calendar lien recording deadline: 120 days after statutory completion or 60 days after recorded Notice of Completion, subject to § 33-993(I) if notice of completion was not properly mailed
☐ Confirm correct County Recorder office
☐ Title search confirming record owner, lender, and other lien claimants
☐ Compute claim amount; deduct payments, credits, retainage, and waived amounts
☐ Prepare Notice and Claim of Lien containing all items required by A.R.S. § 33-993(A)
☐ Attach copy of Preliminary Twenty-Day Notice and proof of service to lien claim
☐ Notarize claimant verification
☐ Record original with County Recorder; obtain Recording No.
☐ Serve the duplicate recorded-lien copy on the Owner within a reasonable time (A.R.S. § 33-993(A))
☐ Calendar 6-month foreclosure deadline (A.R.S. § 33-998)
☐ Prepare Complaint and Notice of Lis Pendens; complete both within 6 months after lien recording and record the notice within 5 days after filing the action or raising the defense
☐ Confirm factual basis for the lien and net amount claimed
☐ Confirm no valid lien waiver previously signed for the claimed work

Sources and References

• A.R.S. § 33-981 (Mechanics' and Materialmen's Liens): https://www.azleg.gov/ars/33/00981.htm
• A.R.S. § 33-992.01 (Preliminary Twenty-Day Notice): https://www.azleg.gov/ars/33/00992-01.htm
• A.R.S. § 33-993 (Procedure to perfect lien): https://www.azleg.gov/ars/33/00993.htm
• A.R.S. § 33-998 (Limitation on action): https://www.azleg.gov/ars/33/00998.htm
• A.R.S. § 33-1003 (Payment bond in lieu of specified lien rights): https://www.azleg.gov/ars/33/01003.htm
• A.R.S. § 12-1191 (Notice of pendency): https://www.azleg.gov/ars/12/01191.htm
• Arizona Registrar of Contractors: https://roc.az.gov/
• Arizona Judicial Branch — Superior Court: https://www.azcourts.gov/