Preliminary Notice-Public 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 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 (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.

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