Templates Real Estate Pre-lien Notice / Notice to Owner
Pre-lien Notice / Notice to Owner
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PRELIMINARY TWENTY-DAY NOTICE

(a/k/a “Pre-Lien Notice” or “Notice to Owner”)
State of Arizona – Pursuant to Ariz. Rev. Stat. § 33-992.01


TABLE OF CONTENTS

  1. Document Header
  2. Statutory Notice Statement (mandatory)
  3. Recitals
  4. Definitions
  5. Operative Provisions
    5.1. Identification of Work / Materials
    5.2. Estimated Contract Price
    5.3. Timing of Notice
    5.4. Service of Notice
  6. Risk Allocation & Reservation of Rights
  7. Certificate of Service
  8. Execution Block

1. DOCUMENT HEADER

Claimant: [CLAIMANT LEGAL NAME], a [STATE] [ENTITY TYPE]
Mailing Address: [CLAIMANT ADDRESS]
Telephone / Email: [CONTACT INFORMATION]

Owner / Reputed Owner: [OWNER NAME]
Owner’s Address: [OWNER ADDRESS]

Original Contractor (if different from Claimant): [GENERAL CONTRACTOR NAME]
Original Contractor Address: [GC ADDRESS]

Construction Lender (if any): [LENDER NAME & ADDRESS]
Project: [PROJECT NAME OR “RESIDENTIAL / COMMERCIAL IMPROVEMENT”]
Project Address / Legal Description:
[STREET ADDRESS OR LOT / BLOCK / PARCEL NO.]

Effective Date of Notice: [MM/DD/YYYY]
Governing Law: Arizona lien laws (Ariz. Rev. Stat. Title 33, Ch. 7)


2. STATUTORY NOTICE STATEMENT

(Required by Ariz. Rev. Stat. § 33-992.01(D)). Use the exact language set out in the current statute. Insert below verbatim; do not paraphrase.

[// GUIDANCE: Confirm the current statutory wording before insertion.]

[PLACEHOLDER FOR EXACT STATUTORY TEXT]


3. RECITALS

WHEREAS, Claimant has been engaged to furnish certain labor, professional services, materials and/or equipment (collectively, the “Work”) in connection with the improvement of the Project; and

WHEREAS, Arizona law requires any potential lien claimant to furnish a preliminary notice within twenty (20) days after first supplying Work if the claimant intends to preserve its right to record a mechanic’s lien;

NOW, THEREFORE, Claimant furnishes this Preliminary Twenty-Day Notice in compliance with Ariz. Rev. Stat. § 33-992.01 and all other applicable provisions of Arizona law.


4. DEFINITIONS

For purposes of this Notice:

“Claimant” means the party identified in Section 1 that furnished or will furnish Work to the Project.

“Owner” means the fee owner or reputed owner of the real property comprising the Project.

“Original Contractor” means the person or entity having a direct contractual relationship with the Owner for construction of the Improvement.

“Work” has the meaning given in the Recitals and includes any labor, materials, professional services or equipment furnished by Claimant.

“Improvement” means the structure(s), real property alterations, or other permanent construction to which the Work relates.


5. OPERATIVE PROVISIONS

5.1 Identification of Work / Materials

Claimant has furnished or intends to furnish the following Work:
[GENERAL DESCRIPTION – e.g., “electrical rough-in and finish work,” “ready-mix concrete,” “architectural design services”].

5.2 Estimated Contract Price

Estimated total price of all Work furnished or to be furnished by Claimant: $[AMOUNT].
[// GUIDANCE: Statute requires a good-faith estimate. If unknown, provide best estimate and note “subject to revision.”]

5.3 Timing of Notice

Date Claimant first furnished Work on Project: [MM/DD/YYYY].
This Notice is being given [#] days thereafter, thereby complying with the twenty-day period specified in Ariz. Rev. Stat. § 33-992.01(B).
[// GUIDANCE: If served after 20 days, describe the retroactive coverage period as permitted by statute.]

5.4 Service of Notice

Pursuant to Ariz. Rev. Stat. § 33-992.02, Claimant will serve this Notice by one of the following authorized methods:
a. Registered mail;
b. Certified mail, return-receipt requested;
c. First-class mail with a Certificate of Mailing;
d. Personal service; or
e. Any nationally recognized overnight courier service.

Service is deemed complete upon mailing or delivery to the last known address of each party entitled to notice.


6. RISK ALLOCATION & RESERVATION OF RIGHTS

  1. Reservation of Lien Rights. Nothing herein shall be construed as a waiver or limitation of Claimant’s right to (i) record a mechanic’s lien for the value of Work actually furnished, or (ii) pursue any other remedy available at law or in equity.
  2. Limitation of Liability. Claimant’s lien claim, if any, shall not exceed the reasonable value of the Work actually performed and incorporated into the Improvement.
  3. No Contractual Amendments. This Notice is informational only and does not modify, alter, or supersede any existing contract or agreement between Claimant and any other party.

7. CERTIFICATE OF SERVICE

I, [NAME OF SIGNATORY], declare under penalty of perjury that:

  1. I am the [TITLE] of Claimant and am authorized to make this declaration.
  2. On [DATE OF MAILING / DELIVERY], I caused a true and correct copy of the foregoing Preliminary Twenty-Day Notice to be served upon each of the following parties in the manner indicated below:
Party Served Method (e.g., Certified Mail No.) Address Date Mailed / Delivered
Owner [TRACKING #] [ADDRESS] [DATE]
Original Contractor
Construction Lender

Executed on [MM/DD/YYYY] at [CITY], [STATE].

Signature: _______
Printed Name: [NAME]
Title: [TITLE]


8. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned duly authorized representative of Claimant executes this Preliminary Twenty-Day Notice effective as of the date first written above.

CLAIMANT: [CLAIMANT LEGAL NAME]

By: _______
Name: [AUTHORIZED SIGNATORY]
Title: [TITLE]

(Notarization not required for validity under current Arizona statute; include if preferred for evidentiary purposes.)


[// GUIDANCE:
1. Verify the statutory notice language in Section 2 before finalizing.
2. Calendar statutory and contractual lien-related deadlines immediately upon serving this Notice.
3. Preserve mailing receipts and returned “green cards” (if using certified mail) as proof of service.
4. Re-serve if additional Work is furnished under a separate contract or scope.
5. Consult counsel for any questions regarding lien rights, priority disputes, or foreclosure actions.]

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