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ARIZONA PRELIMINARY TWENTY DAY NOTICE

Notice to Preserve Mechanics Lien Rights

Pursuant to Arizona Revised Statutes § 33-992.01


IMPORTANT INFORMATION REGARDING THIS NOTICE

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 so improved may be placed against the property. You may wish to protect yourself against this consequence by: (1) requiring your contractor to furnish you a signed release of lien by the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device which is appropriate under the circumstances.

THIS NOTICE IS NOT A LIEN, NOT A MECHANIC'S LIEN, AND NOT A LIEN OF ANY KIND. THIS NOTICE IS SENT TO YOU TO PROTECT THE SENDER'S RIGHT TO COLLECT PAYMENT.


NOTICE DATE AND TIMING

Date of This Notice: _________________________________

Date Claimant First Furnished Labor/Materials: _________________________________

20-Day Deadline: _________________________________
(Must be within 20 days of first furnishing)

Notice Status:
☐ This notice is being sent within 20 days of first furnishing (full protection)
☐ This notice is being sent late (lien rights limited to 20 days prior to notice and thereafter)


SECTION 1: RECIPIENTS OF THIS NOTICE

To Owner or Reputed Owner:

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: AZ ZIP: _________

To Original Contractor or Reputed Contractor:

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: AZ ZIP: _________

To Construction Lender or Reputed Construction Lender (if any):

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: AZ ZIP: _________

To Person with Whom Claimant Contracted:

Name: _________________________________

Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________


SECTION 2: PROPERTY/PROJECT INFORMATION

Property Street Address:
_________________________________
_________________________________
City: _________________ County: _________________ ZIP: _________

Legal Description of Property:
_________________________________
_________________________________
_________________________________
_________________________________

Assessor's Parcel Number (if known): _________________________________


SECTION 3: CLAIMANT INFORMATION

Claimant Name: _________________________________

Business Name (if different): _________________________________

Claimant Address:
_________________________________
_________________________________
City: _________________ State: _____ ZIP: _________

Phone: _________________________ Email: _________________________

Arizona Contractor License No. (ROC#): _________________________________

Claimant Classification:
☐ Subcontractor
☐ Material Supplier
☐ Equipment Rental Company
☐ Design Professional (Architect, Engineer, Surveyor)
☐ Sub-subcontractor
☐ Other: _________________________________


SECTION 4: DESCRIPTION OF LABOR, SERVICES, OR MATERIALS

General Description of Labor, Professional Services, Materials, Machinery, Fixtures, or Tools Furnished or to be Furnished:

_________________________________
_________________________________
_________________________________
_________________________________
_________________________________


SECTION 5: CONTRACT PRICE ESTIMATE

Estimated Total Price of Labor, Services, and/or Materials:

$__________________

Note: Under A.R.S. § 33-992.01(E), if the actual estimated total price exceeds 30% of the estimate in this notice, an amended preliminary notice must be sent.


SECTION 6: STATUTORY NOTICE LANGUAGE (REQUIRED BY A.R.S. § 33-992.01(C)(5))

THE FOLLOWING NOTICE IS REQUIRED BY ARIZONA LAW TO BE INCLUDED IN BOLDFACED TYPE:


INFORMATION FOR OWNER REGARDING ARIZONA LIEN LAWS

THIS IS NOT A LIEN; THIS IS NOT A MECHANIC'S LIEN; THIS IS NOT A LIEN OF ANY KIND; THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR; THIS IS NOT A NOTICE STATING THAT ANY CONTRACTOR OR SUBCONTRACTOR HAS FAILED TO PERFORM PROPERLY; THIS IS NOT A NOTICE STATING THAT ANY CONTRACTOR OR SUBCONTRACTOR HAS FAILED TO MAKE PAYMENT.

THIS NOTICE IS SENT TO YOU TO PROTECT THE SENDER'S RIGHT TO COLLECT PAYMENT.

UNDER ARIZONA'S LIEN LAWS, THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE LABOR, SERVICES, EQUIPMENT, OR MATERIALS AND ARE NOT PAID HAVE A RIGHT TO ENFORCE THEIR RIGHT TO PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A MECHANIC'S OR MATERIALMAN'S LIEN. IF YOUR CONTRACTOR FAILS TO PAY SUBCONTRACTORS, MATERIAL AND EQUIPMENT SUPPLIERS, OR LABORERS, THOSE PERSONS WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.

A PROPERTY OWNER MAY PROTECT HIMSELF AGAINST LIENS BY REQUIRING HIS CONTRACTOR TO PROVIDE LIEN WAIVERS FROM ALL THOSE PERSONS WHO MIGHT HAVE A LIEN RIGHT UPON YOUR PROPERTY.


SECTION 7: WHO MUST GIVE THIS NOTICE

Under A.R.S. § 33-992.01, the following must give preliminary notice:

☐ Subcontractors
☐ Material suppliers
☐ Equipment rental companies
☐ Design professionals (architects, engineers, surveyors)
☐ Any person furnishing labor, professional services, materials, machinery, fixtures, or tools

The following are EXEMPT from giving preliminary notice:

Laborers - Persons performing actual labor for wages
Original contractors - Parties with direct contract with owner (though it is advisable to send notice anyway)


SECTION 8: ACKNOWLEDGMENT OF RECEIPT (Optional)

Owner/Recipient Information:

Name: _________________________________

Date Received: _________________________________

Signature: _________________________________

(Under A.R.S. § 33-992.01(D), the recipient should complete and return this acknowledgment within 30 days of receipt. If not returned, claimant must prepare an affidavit of service.)


SECTION 9: CLAIMANT'S SIGNATURE AND VERIFICATION

I, the undersigned, declare under penalty of perjury under the laws of the State of Arizona that the foregoing information is true and correct to the best of my knowledge.

Signature: _________________________________ Date: _________________

Printed Name: _________________________________

Title: _________________________________


SECTION 10: PROOF OF SERVICE

Service Requirements Under A.R.S. § 33-992.01(B)

Notice must be given to:
1. Owner or reputed owner
2. Original contractor or reputed contractor
3. Construction lender or reputed construction lender (if any)
4. The person with whom the claimant contracted

Approved Methods of Service (A.R.S. § 33-992.02)

First-class mail to the person to be served at the address shown in the building permit or Notice of Right to Lien Information
Registered or certified mail to the person to be served
Personal delivery with acknowledgment

Service Documentation

Service to Owner/Reputed Owner:
Method: _________________________________ Date: _________________
Tracking No.: _________________________________ Receipt Attached: ☐ Yes ☐ No

Service to Original Contractor:
Method: _________________________________ Date: _________________
Tracking No.: _________________________________ Receipt Attached: ☐ Yes ☐ No

Service to Construction Lender (if applicable):
Method: _________________________________ Date: _________________
Tracking No.: _________________________________ Receipt Attached: ☐ Yes ☐ No

Service to Contracting Party:
Method: _________________________________ Date: _________________
Tracking No.: _________________________________ Receipt Attached: ☐ Yes ☐ No


Certificate of Service / Affidavit of Service

I certify under penalty of perjury that I served this Preliminary Twenty Day Notice on the parties indicated above by the methods specified on the dates shown.

Signature: _________________________________ Date: _________________

Printed Name: _________________________________


ARIZONA PRELIMINARY NOTICE - LEGAL REQUIREMENTS SUMMARY

DEADLINE TO SEND NOTICE

  • 20 days after the claimant first furnishes labor, professional services, materials, machinery, fixtures, or tools to the jobsite
  • Notice may be given at any time, but late notice limits lien protection

CONSEQUENCES OF LATE OR NO NOTICE

  • If no notice is given: No lien rights
  • If notice is given late: Claimant may only lien for labor/materials furnished within 20 days prior to the notice and thereafter
  • Late notice does not protect work performed more than 20 days before the notice was served

AMENDED NOTICE REQUIREMENT

If the actual estimated total price exceeds 30% of the estimate in the original preliminary notice, amended preliminary notices must be sent to cover additional labor, services, materials, machinery, fixtures, or tools.

OWNER'S RESPONSE OBLIGATIONS (A.R.S. § 33-992.01(D))

Within 10 days of receiving this notice, if a payment bond has been recorded, the owner must provide a copy of the payment bond information to the claimant.

PROOF OF SERVICE REQUIREMENTS (A.R.S. § 33-992.02)

  • Must maintain proof of service
  • If acknowledgment of receipt is not returned within 30 days, claimant must prepare an affidavit of service
  • Proof of service must be attached to any lien claim filed

ADDITIONAL IMPORTANT DEADLINES

Action Deadline Citation
Preliminary 20-Day Notice 20 days after first furnishing A.R.S. § 33-992.01
Record Notice and Claim of Lien 120 days after completion A.R.S. § 33-993(A)
Serve Copy of Recorded Lien Within 5 days of recording A.R.S. § 33-993(D)
Enforce Lien (lawsuit) 6 months after recording A.R.S. § 33-998

LIEN CLAIM REQUIREMENTS

When recording a Notice and Claim of Lien:
- Must include statement of the date the preliminary 20-day notice was given
- Must attach a copy of the preliminary 20-day notice
- Must attach proof of service required by A.R.S. § 33-992.02


IMPORTANT DISCLAIMERS

This form is provided for informational purposes only and does not constitute legal advice. Arizona mechanics lien law requires strict compliance with statutory procedures. The consequences of failing to give proper and timely preliminary notice include loss of lien rights.

CONSULT AN ATTORNEY: Before relying on this form, consult with an Arizona-licensed attorney familiar with construction lien law to ensure compliance with all requirements.

KEEP ALL RECORDS: Maintain copies of this notice, proof of service (certified mail receipts, return receipts, acknowledgments of receipt, or affidavits of service), and all related documentation.


Arizona Preliminary Twenty Day Notice Template - Version 2026.01
Based on Arizona Revised Statutes § 33-992.01

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PRELIMINARY NOTICE CONSTRUCTION

STATE OF ARIZONA


Effective Date: [DATE]
Party A: [PARTY A NAME]
Address: [PARTY A ADDRESS]
Party B: [PARTY B NAME]
Address: [PARTY B ADDRESS]
Governing Law: [GOVERNING STATE]

This document is entered into by and between [PARTY A NAME] and [PARTY B NAME], effective as of the date set forth above, subject to the terms and conditions outlined herein and the laws of [GOVERNING STATE].
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