Quick Facts
Notice Type
Preliminary Twenty-Day Notice
Statute
A.R.S. § 33-992.01
Deadline
20 days from first furnishing of labor, services, or materials
State
Arizona (AZ)
Statutory Warning Text
NOTICE: THIS IS NOT A LIEN. This is a notice required by Arizona law to be given within twenty days of first supplying labor, professional services, materials, machinery, fixtures or tools to a construction project. It does not mean there is a problem with payment. This notice protects the right to file a lien or assert a claim against a payment bond if payment is not received.
Arizona statute requires this notice text to be rendered in BOLD face type.
Who Must File
Virtually all claimants, including subcontractors, material suppliers, equipment lessors, and specialty contractors. Arizona has one of the broadest filing requirements in the country.
Who Is Exempt
Laborers who are employees of the direct contractor or a subcontractor (wage earners).
Deadline Details
Deadline: 20 days from first furnishing of labor, services, or materials
Special Note: Arizona has a unique 30% rule: if the total price of labor, materials, or services exceeds the original contract price by more than 30%, the claimant must serve an additional preliminary notice.
Service Requirements
The notice must be served by certified mail, registered mail, or personal delivery to the owner, the direct contractor (general contractor), and the construction lender (if applicable).
Common Compliance Issues in Arizona
Disclaimer: The following are frequently cited issues based on statutory requirements. This is NOT legal advice. Consult a Arizona-licensed construction attorney for guidance on your specific situation.
1The 30% Rule Violation
If the total cost of your work/materials exceeds your original Preliminary Notice estimate by more than 30%, your lien rights are capped unless you file a supplemental notice.
Prevention: Monitor change orders closely and immediately issue a supplemental 20-Day Notice if costs rise above the 30% threshold.
Ref: A.R.S. § 33-992.01(G)
Frequently Asked Questions
What is the "30% Rule" for Arizona Preliminary Notices?
Under Arizona law, if the actual total price of your work exceeds the estimated amount on your original notice by more than 30%, you must serve an amended notice to protect the additional amount.
This is general information based on Arizona statutes, not legal advice.
A.R.S. § 33-992.01(G)Are General Contractors exempt from filing in Arizona?
No. Arizona is unique because virtually all claimants, including direct contractors (general contractors), must serve a Preliminary 20-Day Notice to secure their lien rights.
This is general information based on Arizona statutes, not legal advice.
A.R.S. § 33-992.01(B)