Pre-liens in Arizona: Everything You Need to Know

Protecting your right to payment is paramount. This is where pre-liens, or preliminary notices, come into play. Especially in states like Arizona, understanding the nuances of pre-liens can be the difference between getting paid and facing financial loss. Here, we’ll cover everything you need to know about pre-liens in Arizona.

What is a Pre-lien?

A pre-lien, also known as a preliminary notice or 20-day notice, is an official document sent at the beginning of a construction project. This document notifies the property owner, general contractor, and any construction lenders of your involvement in the project. The purpose of a pre-lien is to establish your right to file a mechanics lien if you are not paid for your services or materials.

Importance of Sending a Pre-lien

Sending a pre-lien is a critical step in securing your payment rights. Without this notice, you might lose the ability to file a mechanics lien, which is a powerful tool to ensure you get paid. It also fosters transparency and communication, informing all parties involved of your role and expectations.

Arizona’s 20-Day Preliminary Notice

In Arizona, a preliminary notice must be sent within 20 days of starting your work or delivering materials. This 20-day window is crucial. If you miss it, you may reduce the amount of money you’re able to claim on a mechanics lien.

Key Requirements for Arizona Pre-liens

  • Timing: The notice must be mailed within 20 days of starting work or delivering materials.
  • Recipients: Send the notice to the property owner, general contractor, the party you are in contract with, and any construction lenders.
  • Mailing Method: Use first-class mail with a certificate of mailing to ensure proof of mailing.
  • Content: Include your information, a description of the work or materials provided, and the estimated total value.

Steps to Send a Pre-lien in Arizona

  1. Gather Necessary Information: Ensure you have all the required details, including the property owner’s name and address, the general contractor’s information, and any lenders involved in the project. If you don’t have some or all of the previous information, CNS will research it for you.
  2. Prepare the Notice: Draft the notice with careful detail to ensure all the state requirements are included.
  3. Mail the Notice: Send the pre-lien via first-class mail with a certificate of mailing. This method provides proof that the notice was sent within the required timeframe.
  4. Keep Records: Maintain copies of the notice and the mailing certificate. These records are crucial if you need to prove that the notice was sent correctly and on time.

Benefits of Using CNS for Your Pre-lien Needs

Pre-liens are essential for securing your right to payment. In Arizona, adhering to the 20-day notice requirement is critical. By understanding and following the necessary steps, you can protect your financial interests and ensure timely payment for your services. For reliable and expert assistance, consider partnering with CNS to handle your pre-lien notices efficiently and effectively.

At CNS, we specialize in helping you manage your preliminary notices with ease and accuracy. Our services include:

  • In-depth Research: We investigate all necessary project details, reducing the risk of errors.
  • Certified Mailing: We handle the mailing process, providing proof of service and maintaining records.
  • Expert Support: Our team is knowledgeable about Arizona’s lien laws and can guide you through the process.

Contact us today to get your pre-lien started.

Prefer to call? You can reach us at 800-366-5660.

 

Disclaimer: CNS is not an attorney, and if you need legal advice, please contact one.