Warning: All information contained within this
database is subject to change at any time by the various states
and is not guaranteed in any way by Lienwriter.com, LLC. nor
does Lienwriter.com, LLC. assume any liability or responsibility
for it's content. Please use in conjunction with advice from
your attorney.
Note: This information is limited in scope and
applies only to this document. Please see the general information,
all forms memo, and the general information memo for this type
of document, for additional information.
Document Title: 20-Day Preliminary Notice (Private
Work)
Scope: State of Arizona, Public Works
Time Constraints: A Private Work Arizona 20-Day
Preliminary Notice must be served by first class mail, with
post office certificate of mailing, or by certified return receipt
mail (no personal service allowed) on the owners, general contractors,
construction lenders, sureties and your customer (if he is not
one of the aforementioned parties) no later than 20 days after
first furnishing of labor, materials or service. The form must
substantially follow the statutory format. If you elect to use
Pettit Forms or their like, make sure this requirement is complied
with before you have them printed. Use one of the regular forms
as a template.
If you choose to send the information verification
letter to the owners (and we suggest that you do), the owners
are required to return said additional information or corrections
within 10 days of receipt (see Procedures, below).
If you receive amended information from your request
to the owners, you must send a new amended claim within 30 days
of the receipt of the information.
Information Requirements: The information required
by program and whether you intend to send an owner cover letter.
Form Types: 20-Day Preliminary Notice (Private
Work), Exhibits A-D (if needed), Owner Letter (if used) and
Verification of Legal Parties (if used).
Procedures: Enter the program data, including
Additional Legal Parties or Releases for Other Companies. Copies
of all of the forms (less the Owner Cover Letter and the Recorder
Letter) must be sent to all legal owners, general contractors,
lenders, sureties and your customer (unless your customer is
one of the aforementioned parties).
We strongly suggest that you also send the owners
the Verification of Legal Parties letter that prints with the
other documents. Arizona law provides that the owners provide
you with correct information as to the legal parties to a project
and a copy of the payment or surety bond, or it will impair
their defenses against lien claims. There is no requirement
that you send the letter except common sense.
When in doubt, file your claim immediately.
Important: If you fail to prepare and serve your
Preliminary Notice within the 20 days after first furnishing
of labor, materials or service, this does not have to mean that
you have to lose all of your lien rights. The service of the
Preliminary Notice becomes effective at the date of Service
minus 20 days before, so if you file on the 21st day, you actually
lose your lien rights only for the 1st day. In any case, even
if you are late, serve your preliminary notices. The owners
may require that they be honored in any case. This also applies
if you must send an amended preliminary notice.
Arizona
Preliminary Notice-Private Work
Warning: all information contained within this
data base is subject to change at any time by the various states
and is not guaranteed in any way by Lienwriter.com, LLC. Nor
does Lienwriter.com, LLC. assume any liability or responsibility
for it's content. Please use in conjunction with advice from
your attorney.
Note: This information is limited in scope and
applies only to this document. Please see the general information,
all forms memo, and the general information memo for this type
of document, for additional information.
Document Title: 20 Day Preliminary Notice (Public
Work)
Scope: State of Arizona, Public Works
Time Constraints: A Public Work Arizona Preliminary
Notice must be prepared and served on the public entities, prime
contractors, lenders, sureties (if they exist) and your customer
(unless he is one of the above parties.) by first class mail,
with post office certificate of mailing, or by certified return
receipt mail (no personal service.) no later than 20 days after
first furnishing of labor, materials or service.
If you choose to send the information verification
letter to the owners (and we suggest that you do), the owners
are required to return said additional information or corrections
within 10 days of receipt (see "Procedures", below).
If the accumulated total due on the account ever
exceeds by 20% the estimated amount given on the original preliminary
notice, a new preliminary notice is required.
Information Requirements: The information required
by program and whether you intend to send an owner cover letter.
Form Types: 20 Day Preliminary Notice (Public
Work), Exhibits A-D (if needed), Owner Letter (if used) and
Verification of Legal Parties (if used).
Procedures: Enter the program data, including
Additional Legal Parties or Releases for Other Companies. Copies
of all of the forms (less the Owner Cover Letter and the Recorder
Letter) must be sent to all public entities, general contractors,
lenders, sureties and your customer (unless he is one of the
aforementioned parties).
We strongly suggest that you also send the public
entities the Verification of Legal Parties letter that prints
with the other documents. Arizona law provides that public entities
provide payment bonds for public projects, and this information
will provide you with an additional avenue for recovery.
When in doubt, file your lien claim immediately.
Important: If you fail to prepare and serve your
Preliminary Notice within the 20 days after first furnishing
of labor, materials or service, this does not have to mean that
you have to lose all of your lien rights. The service of the
Preliminary Notice becomes effective at the date of service
minus 20 days before, so if you file on the 21st day, you actually
lose your lien rights only for the 1st day. In any case,even
if you are late, server your preliminary notice. The public
entity may require that they are honored in any case.
