Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Arizona
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This is an overview of the state’s statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we highly encourage you to work with a construction attorney for your particular circumstances in our complex construction lien law environment.
Arizona Quick Overview
| Pursuant code | A.R.S. § 33-992.01 |
|---|---|
| Prelien required for private / commercial projects | Yes |
| Prelien required for public projects | Yes |
| AZ statutory relief | Full price |
| Lien milestone event | Overall project completion |
| Lien enforcement deadline | 120 to 180 days |
| Waivable lien rights | Conflicting statutes |
| Supplier to supplier rights | Likely no |
| Prelien document name(s) | Preliminary 20-day Notice, Notice to Property Owner |
| Prelien minimum information | General description of labor or materials, estimated total price, name and address of the provider, name of the party contracted with, sufficient jobsite description, and statutory warning notice. |
| Prelien minimum notifications | Owner or reputed owner, original contractor or reputed contractor, construction lender or reputed construction lender, and the party with whom the claimant has contracted. |
| Prelien recording requirement | No |
| Prelien notarized | No |
Understanding the Prelien Process on Construction Projects in Arizona by Role
The 20-Day Preliminary Notice is mandatory for securing lien rights in Arizona. It must be served within 20 days of first furnishing labor or materials. Late notices protect work done 20 days prior to service and thereafter. An amended notice is required if the estimated total price increases by more than 30%.
- Prime / Original / General Contractors (GCs): Private/Commercial: Must serve the 20-Day Preliminary Notice to the owner and construction lender within 20 days of first furnishing labor or materials.
- Subcontractors / Trade Partners (Subs): Private/Commercial: Must serve the notice to the owner, original contractor, and construction lender within 20 days of first furnishing.
- Second-tier subcontractors: Private/Commercial: Must serve the notice to the owner, original contractor, intermediate subcontractor, and construction lender within 20 days of first furnishing.
- Lower-tier subcontractors: Private/Commercial: Must serve the notice to the owner, original contractor, all intermediate subcontractors, and construction lender within 20 days of first furnishing.
- Material suppliers: Private/Commercial: Must serve the notice to the owner, original contractor, and construction lender within 20 days of first delivering materials.
- Equipment lessors: Private/Commercial: Must serve the notice to the owner, original contractor, and construction lender within 20 days of first providing equipment.
- Second-tier material suppliers: Private/Commercial: Must serve the notice to the owner, original contractor, intermediate subcontractor, and construction lender within 20 days of first delivering materials.
Possible Exceptions, Special Circumstances, and Caveats in Arizona
General Labor: Laborers working solely for wages are exempt from the notice requirement.
Mechanic's Liens in Arizona
Arizona mechanics liens must be recorded within 60 days after a Notice of Completion is recorded or, if no Notice of Completion is recorded, within 120 days after actual completion of the project. A lien foreclosure lawsuit must be initiated within 6 months of recording the lien.
Bond Claims in Arizona
On public projects, mechanic's lien rights are typically replaced by bond claim rights. Bond claim notice and enforcement timelines can vary by project type and bond language, so coordinate with your construction attorney to confirm the correct deadline and required notice path.
Construction Lien Waivers in Arizona
Required format: Arizona is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.
Required notarization: Arizona does not require waivers to be notarized.
Arizona requires specific waiver forms for conditional and unconditional releases upon progress and final payments. These waivers must be in writing and signed by the claimant.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors’ websites in Arizona counties
Most often, the county Assessor’s office is the go-to resource for online lien-related information for construction project parcels—ownership records, special warranty deeds, and more. Counties that we’ve not yet found online (those with “*”) link to a Google search for your convenience.
Other important construction links in Arizona
- Arizona Revised Statutes Title 33 - Property
- Maricopa County Recorder’s Office (Document Recording Portal)
- Arizona Registrar of Contractors
- Arizona State Procurement Office (Public Works Contracts)
- Arizona Department of Transportation Construction Procurement
- OSHA Region 9 (Arizona Office)
Check out this ‘X’ list for Arizona created by Prelien Pro!
Frequently asked questions (FAQs) on Arizona lien processes for contractors
How soon must an Arizona 20-day preliminary notice be sent?
It should be served within 20 days after first providing labor, services, or materials.
Can I still file a lien if the preliminary notice was served late in Arizona?
Usually yes, but coverage is generally limited to work furnished within 20 days before service and afterward.
What happens if the Arizona lien deadline is missed?
Missing statutory recording deadlines typically forfeits lien rights.
Do suppliers of specially fabricated materials have an exception to preliminary notice requirements in Arizona?
Generally no. They should still serve a preliminary 20-day notice to preserve rights.
Is a preliminary notice required on Arizona public projects?
Yes, preliminary notice is generally required for public-project bond claim rights.
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