Preliminary Twenty Day Notice - Arizona

ARIZONA PRELIMINARY TWENTY DAY NOTICE

Notice to Preserve Mechanics Lien Rights

Pursuant to Arizona Revised Statutes § 33-992.01

IMPORTANT INFORMATION REGARDING THIS NOTICE

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 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 after first furnishing to the jobsite (timely under subsection C, subject to all other requirements)
☐ This notice is being sent later (subsection E limits the furnishing reached by the notice)

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(G)-(H), the one-notice rule has exceptions, including when the actual estimated total price exceeds by thirty percent or more the total price in a prior preliminary notice and when furnishing occurs under contracts with more than one subcontractor. An increase of less than thirty percent does not by itself make an otherwise compliant notice defective.

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:

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 the 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 the 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.

SECTION 7: CLAIMANT-COVERAGE CHECK

Under A.R.S. § 33-992.01(B), the notice prerequisite applies to a person furnishing a listed category for which a lien otherwise may be claimed under the article, except a person performing actual labor for wages. Confirm lien eligibility and role before using the form.

Claimant's furnishing category:

☐ Labor other than actual labor for wages
☐ Professional services
☐ Materials
☐ Machinery
☐ Fixtures
☐ Tools
☐ Other or uncertain — obtain Arizona counsel's classification

Statutory wage-labor exception:

☐ Claimant is a person performing actual labor for wages
☐ Exception does not apply
☐ Counsel review required

SECTION 8: ACKNOWLEDGMENT OF RECEIPT

Insert this block in the notice. The recipient may complete it to establish proof of mailing under A.R.S. § 33-992.02(1). If it is not completed and returned within thirty days after mailing, use the affidavit route in § 33-992.02(2).

Signature of sender: _________________________________

Acknowledgment of Receipt of Preliminary Twenty Day Notice

This acknowledges receipt on _________________________________ of a copy of the preliminary twenty day notice at:

_________________________________

_________________________________

Date this acknowledgment is executed: _________________________________

Signature of person acknowledging receipt: _________________________________

Title, if acknowledgment is made on behalf of another person: _________________________________

SECTION 9: CLAIMANT SIGNATURE

The statutory form in A.R.S. § 33-992.01(D) concludes with the company name, signature, and title. Do not add an oath, acknowledgment, or verification unless Arizona counsel confirms a separate requirement for this transaction.

Dated: _________________________________

Company name: _________________________________

By / signature: _________________________________

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

Mailing Methods (A.R.S. § 33-992.01(F))

☐ First-class mail with a certificate of mailing, postage prepaid
☐ Registered mail, postage prepaid
☐ Certified mail, postage prepaid

Service is complete when the notice is deposited in the mail, addressed to the recipient's residence or business address. Preserve the proof required by A.R.S. § 33-992.02.

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

Proof-of-Mailing Affidavit Preparation Record

Use this record only to prepare a counsel-approved affidavit under A.R.S. § 33-992.02(2) when a recipient does not complete and return the acknowledgment within thirty days after mailing.

Do not sign this worksheet as the affidavit. Arizona counsel must supply the execution and jurat or declaration form required for the completed proof-of-mailing affidavit.

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

• For a claimant subject to A.R.S. § 33-992.01(B), service is a prerequisite to a valid lien claim.
• Under subsection (E), a late notice reaches only the listed furnishing within twenty days before service and at any time thereafter.
• Confirm claimant coverage, lien eligibility, each furnishing category, and each contract before drawing a lien-right conclusion.

ADDITIONAL NOTICE REQUIREMENT

A.R.S. § 33-992.01(G) creates exceptions to the one-notice rule when the actual estimated total price exceeds by 30% or more the total price in a prior notice or the furnishing occurs under contracts with more than one subcontractor. Subsection (K) separately requires an amended notice within thirty days after late-received correction information makes the original notice inaccurate.

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

Within 10 days after receiving this notice, the owner or other interested party must furnish the written statement described in subsection (J), including the listed project and party information. If a qualifying payment bond has been recorded, the response includes the bond copy and specified surety and agent information. Subsection (K) states the consequences of a failure and the claimant's correction duty.

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

• Must maintain proof of service
• Proof of service must be attached to any lien claim filed

ADDITIONAL IMPORTANT DEADLINES

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 contains technical statutory procedures. For a claimant subject to A.R.S. § 33-992.01(B), the prescribed notice is a prerequisite to a valid lien claim.

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 2026.07
Based on Arizona Revised Statutes § 33-992.01