Arizona Pre-Lien Notice to Owner Regarding Potential Mechanic's Lien for Services to be Provided to General Contractor

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Multi-State
Control #:
US-01003BG
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Word; 
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Description

A mechanic's lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien covers the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute.



Statutes frequently require the potential lienholder to give notice of a claim of lien. Local statutes must be consulted to determine applicable requirements with respect to particular types of lien notices.

How to fill out Pre-Lien Notice To Owner Regarding Potential Mechanic's Lien For Services To Be Provided To General Contractor?

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FAQ

The first step to filing a mechanics lien is to record a Notice and Claim of Lien within 60 days after the property owner has recorded a Notice of Completion. If a notice has not been recorded, however, you will have 120 days after the completion of the project to record the claim.

In Arizona, liens must be filed within 120 days from the completion of the project as a whole. However, if a notice of completion was filed, the deadline is shortened to 60 days from the date such notice was filed.

In Arizona, liens must be filed within 120 days from the completion of the project as a whole. However, if a notice of completion was filed, the deadline is shortened to 60 days from the date such notice was filed.

The state of Arizona also requires the action to enforce a lien must be initiated within 6 months from when the lien was recorded. In Arizona, the lien expires if enforcement is not initiated within that 6 months requirement.

Sending preliminary notice is a requirement in Arizona. On private projects, sending preliminary notice protects and secures your right to file an Arizona mechanics lien. On public works projects, it can protect an Arizona subcontractor's right to make a bond claim.

NOTE that if a contractor or provider of professional services is required to be licensed, but does not have a valid license, that person loses his or her lien rights. The court may, however, determine that the claimant has substantially complied with the registration requirement and allow the lien.

In general, there are 3 steps to file a mechanics lien claim in Arizona: Complete a mechanics lien form that meets the legal requirements. File the lien claim with the county prothonotary (clerk) by the deadline. Serve a copy of the lien on the property owner.

Preliminary notices help protect your right to payment when experiencing slow pay, short pay, or no pay situations and are a prerequisite to filing a mechanics lien.

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Arizona Pre-Lien Notice to Owner Regarding Potential Mechanic's Lien for Services to be Provided to General Contractor