Preliminary Notice-Private Work

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 FWM Software.  nor does FWM Software 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.

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