Arizona's 20-Day Preliminary Notice: What It Is and Why It Matters

Quick Answer

Arizona's preliminary 20-day notice, required by A.R.S. § 33-992.01, is a written notice that most subcontractors and suppliers must send within 20 days after they first furnish labor or materials to a project in order to preserve their right to file a mechanics' lien. It must go to the owner, the original contractor, the construction lender (if any), and the party the claimant contracted with. Without it, a lien claim is not valid. Thomas Law PLLC attorney Fred Thomas advises both contractors and property owners across Phoenix, Scottsdale, and Maricopa County on notice and lien deadlines.

Introduction

The preliminary 20-day notice is one of the least glamorous and most consequential steps in Arizona construction. A subcontractor can do excellent work, go unpaid, and discover that the right to file a lien was lost months earlier because a single notice was never sent or was sent late. Property owners and general contractors, on the other hand, need to understand the notice because it tells them who is working on a project and who may later claim payment from the property.

This guide from Thomas Law PLLC explains the requirement in plain terms. It sits alongside our guide to Arizona's mechanics' lien statute, which covers what happens after the notice.

What Is the Preliminary 20-Day Notice in Arizona?

It is a written notice, required by A.R.S. § 33-992.01, that a person who furnishes labor, professional services, materials, machinery, fixtures, or tools to a construction project must serve in order to preserve lien rights. The statute calls the notice a "necessary prerequisite to the validity of any claim of lien."

In practice, it serves two purposes. For the claimant, it preserves the right to lien the property. For the owner and the contractor, it discloses who is on the project and approximately how much they stand to be paid, so that payments can be managed and double-payment avoided.

Who Must Send a Preliminary Notice?

The requirement applies to anyone who furnishes labor, professional services, materials, machinery, fixtures, or tools for which a lien may be claimed. In practice, that most often means subcontractors, suppliers, and other parties who do not have a direct contract with the property owner.

Who is exempt? A person performing actual labor for wages is exempt from the notice requirement.

What Is the Deadline?

The notice must be served no later than 20 days after the claimant first furnishes labor, materials, or other items to the jobsite. The clock starts on the first day of furnishing, not the day payment becomes late or the dispute arises, which is why the notice is best sent at the very start of a job.

What if the notice is late? The statute does not simply void the lien for late notice in every case. A claimant who missed the initial notice may still serve one, and lien rights then cover only items furnished within 20 days before the notice was served and anything furnished afterward. Work and materials furnished earlier than that are generally not protected. In other words, a late notice can limit what can be recovered, and no notice at all means there is no valid lien claim.

Who Must Receive the Notice?

The notice goes to each of the following:

• The owner or reputed owner of the property
• The original contractor or reputed original contractor
• The construction lender or reputed construction lender, if there is one
• The person with whom the claimant contracted

How Must the Notice Be Delivered?

The statute requires delivery by first-class mail with a certificate of mailing, or by registered or certified mail, postage prepaid, addressed to the recipient's residence or business address. Service is complete when the notice is deposited in the mail, so the date on the certificate of mailing or the certified-mail receipt becomes the proof of timely service.

What Must the Notice Say?

A compliant notice includes:

• A general description of the labor, services, materials, machinery, fixtures, or tools furnished or to be furnished
• An estimate of the total price of what is being furnished
• The claimant's name and address
• The name of the person who contracted for the items
• A sufficient description of the jobsite to identify the property
• A bold-faced notice to the property owner in the form the statute requires

A technical shortfall in the size or type of the bold notice does not, by itself, make an otherwise compliant notice defective, but the other required content should be treated as mandatory.

One Notice or Many?

A single preliminary notice can generally cover all items furnished for a project. A new notice is needed if the estimated total price exceeds the price in the earlier notice by 30 percent or more, or if items are furnished under contracts with more than one subcontractor.

How the Notice Connects to the Lien Deadlines

The preliminary notice is only the first step. Once it is properly served, the claimant still needs to meet the lien-recording and foreclosure deadlines, which are separate and run on their own clocks:

• A lien is generally recorded within 120 days after completion (or 60 days after a notice of completion is recorded) under A.R.S. § 33-993
• A recorded lien expires six months after recording unless a foreclosure action is filed (A.R.S. § 33-998)

See the companion guide, Arizona's Mechanics' Lien Statute , for the full lien process.

A Note for Property Owners and General Contractors

If you are the owner or the general contractor, receiving a preliminary notice is a signal to track who is working on the project and what they are owed. It is also a defense issue: if a lien is later claimed and no compliant notice was served, the lien may be invalid. Thomas Law PLLC represents both claimants seeking to enforce lien rights and owners seeking to challenge improperly filed liens.

Not sure whether a notice was required or served correctly? Call Thomas Law PLLC at (480) 582-1549 for a flat $350, one-hour consultation directly with attorney Fred Thomas.

Frequently Asked Questions

What is the 20-day preliminary notice in Arizona? It is a written notice required by A.R.S. § 33-992.01 that subcontractors, suppliers, and certain other parties must serve within 20 days after first furnishing labor or materials to a construction project, in order to preserve their right to file a mechanics' lien.

Who has to send a preliminary notice in Arizona? Anyone who furnishes labor, professional services, materials, machinery, fixtures, or tools for which a lien may be claimed, most often subcontractors and suppliers without a direct contract with the owner. People performing actual labor for wages are exempt.

What is the deadline for the 20-day notice in Arizona? No later than 20 days after the claimant first furnishes items to the jobsite. A late notice may still protect items furnished within 20 days before service and afterward, but not earlier work.

What happens if I miss the 20-day preliminary notice in Arizona? Without a preliminary notice, a lien claim is not valid under the statute. If a notice is served late, lien rights generally cover only what was furnished in the 20 days before service and after it.

Who receives the preliminary notice? The owner or reputed owner, the original contractor or reputed contractor, the construction lender or reputed lender (if any), and the person the claimant contracted with.

How is a preliminary notice delivered in Arizona? By first-class mail with a certificate of mailing, or by registered or certified mail, postage prepaid. Service is complete when the notice is deposited in the mail.

Does a property owner need to do anything when they receive a preliminary notice? It is wise to track the notice, confirm who is working on the project and what they are owed, and consider how payments are being handled, since an unpaid claimant with valid notice may later record a lien.

Does Thomas Law PLLC handle preliminary notice and lien disputes in Phoenix and Scottsdale? Yes. Attorney Fred Thomas represents both claimants and property owners in notice and lien matters throughout Phoenix, Scottsdale, and Maricopa County.

Talk to Fred Thomas About Your Notice or Lien Issue, Call (480) 582-1549

About the Attorney

Fred Thomas is the founding attorney of Thomas Law PLLC in Scottsdale, Arizona. He earned his B.S. from Arizona State University and his J.D. from McGeorge School of Law, worked in the insurance industry before practicing law, and has spent over two decades practicing law. Every construction matter is handled directly by Fred, with no case manager between you and your attorney.

Thomas Law PLLC · 14555 N Scottsdale Rd #320, Scottsdale, AZ 85254 · (480) 582-1549

→ Learn More About Construction Law at Thomas Law PLLC → Read: Arizona's Mechanics' Lien Statute → Read: Contractor Disputes in Arizona

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This article is for general informational purposes only and is not legal advice. Laws and exemption amounts change, and every situation is different. Reading this article or contacting Thomas Law PLLC does not create an attorney-client relationship. For advice about your situation, speak with a licensed attorney.