Pre-lien Notice / Notice to Owner

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

The notice must follow substantially the form in A.R.S. § 33-992.01(D). The following statement must appear in bold-faced type under § 33-992.01(C)(5):

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 that is appropriate under the circumstances.

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, except for a person performing actual labor for wages, A.R.S. § 33-992.01(B) requires a claimant covered by that section to give the preliminary notice as a prerequisite to a valid lien claim;

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].

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(C).

5.4 Service of Notice

Under A.R.S. § 33-992.01(F), serve the notice by one of these mail methods, postage prepaid:

☐ First-class mail with a certificate of mailing

☐ Registered mail

☐ Certified mail

Address the notice to each required recipient at the recipient's residence or business address. Service is complete when the notice is deposited in the mail. Personal delivery and private overnight courier are not listed in § 33-992.01(F).

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. Statutory Limits. Any lien claim remains subject to A.R.S. § 33-981 and the other requirements and limits of Arizona lien law.
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:

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]

(A.R.S. § 33-992.01 does not require notarization of this preliminary notice. Preserve proof of mailing under § 33-992.02.)

9. REQUIRED RECIPIENT CHECKLIST

Serve each recipient required by A.R.S. § 33-992.01(B):

☐ Owner or reputed owner

☐ Original contractor or reputed original contractor

☐ Construction lender or reputed construction lender, if any

☐ Person with whom Claimant contracted for the purchase of the labor, professional services, materials, machinery, fixtures, or tools

10. SOURCES AND REFERENCES

• A.R.S. § 33-981: https://www.azleg.gov/ars/33/00981.htm
• A.R.S. § 33-992.01: https://www.azleg.gov/ars/33/00992-01.htm
• A.R.S. § 33-992.02: https://www.azleg.gov/ars/33/00992-02.htm