How to Serve an Arizona Preliminary Notice

Updated Nov 2025 | Private Projects: ARS §33-981, 992.01, 993, 998

Material suppliers must serve the required 20-day Preliminary Notice in order to preserve lien rights in Arizona. Failure to serve one  is fatal to your lien rights.

Serving an Arizona preliminary notice is not only a legal requirement for filing a valid mechanics lien, it is also a good business practice that opens communication lines between you and higher-tier construction parties. The 20-day preliminary notice is required for both private and public projects in Arizona. While mechanics lien claims only apply to private works, a preliminary notice is also required for public works to retain bond rights. (A.R.S. § 34-223 (A)(1)). 

This article focuses on the 20-Day Preliminary Notice requirement in Arizona for Private Projects.

How Do I Serve a Preliminary Lien Notice in Arizona?

Within the first 20 days of work, material suppliers must serve the 20-day notice to their hiring party, the owner, GC, and lender (if any) to get full lien protection. Note that late service of the notice doesn’t result in total loss of lien rights, but it limits the coverage to 20-days prior to the date of notice service and thereafter.

1. Prepare the Arizona 20-day notice form

Arizona has a statutory form for twenty day preliminary notices. Following the form and filling it out completely ensures that you have provided all the required information.

For clarity, here is the list of information that must be included in the form: (A.R.S. § 33-992.01 (C))

• General description of the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished
• The estimate of the TOTAL price of work provided or to be provided
• Name and address of the person furnishing labor, professional services, materials, machinery, fixtures, or tools
• Name of the person who contracted for the purchase of labor, professional services, materials, machinery, fixtures or tools
• Legal description of the location:
• Subdivision plant
• Street address
• Location with respect to commonly known roads or landmarks
• Description of the jobsite sufficient for identification
• The following statement, in boldface type:

In accordance with Arizona Revised Statutes section 33-992.01, this is not a lien and this is not a reflection on the integrity of any contractor or subcontractor.

Notice to Property Owner

If bills are not paid in full for the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished, a mechanic’s lien leading to the loss, through court foreclosure proceedings, of all or part of your property being improved may be placed against the property. You may wish to protect yourself against this consequence by either:

1. Requiring your contractor to furnish a conditional waiver and release pursuant to Arizona Revised Statutes section 33-1008, subsection D, paragraphs 1 and 3 signed by the person or firm giving you this notice before you make payment to your contractor.
2. Requiring your contractor to furnish an unconditional waiver and release pursuant to Arizona Revised Statutes section 33-1008, subsection D, paragraphs 2 and 4 signed by the person or firm giving you this notice after you make payment to your contractor.
3. Using any other method or device which is appropriate under the circumstances.

A proof of service must be attached. If the recipient of the notice failed to sign the acknowledgement on the form or fails to complete and return the acknowledgement within 30 days of the date of mailing, the claimant must use an affidavit as proof of mailing. (A.R.S. § 33-992.02)

The affidavit must include the following:

• Name and address of the owner, reputed owner, construction lender, reputed construction lender, or contractor to whom the notice is being served
• The title or capacity of the person to whom the notice is addressed to
• Attachments:
  • If the mailing was made via first class mail with a certificate of mailing, attach the certificate of mailing to the affidavit
  • If the mailing was made via certified or registered mail, attach the receipt of certification or registration

2. Send the preliminary notice to the right parties

After preparing the twenty day notice and ensuring that all required information is included, you can now send 1 preliminary notice to each of the parties required to receive a preliminary notice: hiring party, owner, GC, and lender (if any). Only one preliminary notice needs to be sent to each party required to receive it. However, if the actual estimated total price exceeds 30% of the estimate included in previous preliminary notices, new amended preliminary notices must be sent to cover all additional labor, professional services, materials, machinery, fixtures, or tools. (A.R.S. § 33-992.01 (G))

Use first-class or registered/certified mail for preliminary notices (A.R.S. § 33-992.01 (F)). These legal methods provide required proof of service for validity. The recipient must sign an acknowledgement or return a separate one. If the recipient fails to acknowledge, the included affidavit in the form can serve as proof (A.R.S. § 33-992.02).