How to File a Preliminary Lien in Arizona

Protect your right to get paid for services in Arizona by filing a preliminary lien.

A preliminary lien is a notice served by a supplier or subcontractor on an owner or general contractor to inform him of lien law and to let him know you will place a lien on the owner's property if payment is not made promptly for the job. In Arizona, the 20-day lien notice protects the lien rights from 20 days prior to the day the preliminary lien was filed straight through the end of the job. The preliminary lien ensures that the supplier or subcontractor will get paid one way or another as long as the correct serving procedures are followed.

Instructions

1. Meet with a lawyer or professional lien service that is experienced with Arizona lien laws to fill out a preliminary lien. Include a description of the labor performed and materials provided and give a price estimate for the job.

2. Provide the name and address of the person working on the job and supplying the materials. Also include the name and address of the person who contracted for the labor and materials. Provide a description or street address of the job site where the labor was performed.

3. Insert the "Notice to Property Owner" statement in bold print, proclaiming that this is not a lien, but that there will be a lien in place if payment for services is not received in a timely manner. This notice is spelled out verbatim in Arizona Revised Statutes section 33-992.01. Sign and date the preliminary lien.

4. Mail the preliminary lien via first-class certified mail; this is the recommended practice according to professional lien services in Arizona. This provides a receipt of when the preliminary lien was served. The preliminary lien is active and recognized by the state of Arizona as soon as it is mailed. This service may be completed by a private party or a lien service.

Tips & Warnings

• Get a detailed description of the information that needs to be provided in the preliminary lien from Arizona Revised Statutes section 33-992.01.

• A preliminary lien is a mandatory prerequisite to a lien in Arizona. You will not be able to file a lien without a preliminary lien.

• Serve the preliminary lien within 20 days of starting the job or you will not be able to claim the work you did on days you did not claim.

References

• National Lien Law: Definitions
• Arizona State Legislature: 33-992.01. Preliminary twenty day notice; definitions; content; election; waiver; service; single service; contract
• RCS Preliminary Lien Service: Arizona Mechanic's Lien Laws, H. Lee Goldblatt