Requesting Information to Draft a Preliminary 20-Day Notice in Arizona
A preliminary 20-day notice in Arizona typically requires information from the owner. Sending an information request form allows the claimant to obtain the necessary details in time to file the preliminary notice.
The property owner must reply within ten days after receiving the written request and furnish a written statement containing the following information pursuant to AZ. REV. STAT. 33-922.01(I):
1. The legal description, subdivision plat, street address or location with respect to commonly known roads or other landmarks in the area, or any other description of the jobsite sufficient for identification.
2. The name and address of the owner or reputed owner.
3. The name and address of the original contractor or reputed contractor.
4. The name and address of the construction lender, if any, or reputed construction lender.
5. If any payment bond has been recorded pursuant to section 33-1003, a copy of the bond and the name and address of the surety company and bonding agent, if any, providing the payment bond.
If the owner or other interested party fails to furnish the requested information, this does not excuse the claimant from timely giving a preliminary twenty-day notice, but it does stop the owner from raising as a defense any inaccuracy of the information in a preliminary twenty-day notice, (provided the claimant's preliminary twenty day notice of lien otherwise complies with the provisions of the lien law). AZ. REV. STAT. 33-922.01(J). Also, if the information is received by the claimant after the claimant has already given a preliminary twenty-day notice and the information contained in the preliminary twenty day notice is inaccurate, the claimant shall, within thirty days of the receipt of this information, give an amended preliminary twenty day notice. Id.
This article is provided for informational purposes only and should not be relied upon as the substitute for the advice of an attorney. Please contact an attorney with any questions about sending a written request to an owner for information used in filing the preliminary 20-day notice.
Deeds.com Arizona Mechanics Lien Written Request for Information Forms Have Been Updated as Recently as Wednesday November 13, 2019
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