Cochise County Preliminary Notice of Mechanics Lien Form (Arizona)
All Cochise County specific forms and documents listed below are included in your immediate download package:
Preliminary Notice of Mechanics Lien Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Cochise County compliant document last validated/updated 11/11/2024
Preliminary Notice of Mechanics Lien Guide
Line by line guide explaining every blank on the form.
Included Cochise County compliant document last validated/updated 11/11/2024
Completed Example of the Preliminary Notice of Mechanics Lien Document
Example of a properly completed form for reference.
Included Cochise County compliant document last validated/updated 10/25/2024
The following Arizona and Cochise County supplemental forms are included as a courtesy with your order:
When using these Preliminary Notice of Mechanics Lien forms, the subject real estate must be physically located in Cochise County. The executed documents should then be recorded in the following office:
Recorder's Office
1415 Melody Lane, Bldg. B, Bisbee, Arizona 85603
Hours: 8:00am - 5:00pm Monday - Friday
Phone: 520-432-8350
Local jurisdictions located in Cochise County include:
- Benson
- Bisbee
- Bowie
- Cochise
- Douglas
- Dragoon
- Elfrida
- Fort Huachuca
- Hereford
- Huachuca City
- Mc Neal
- Naco
- Pearce
- Pirtleville
- Pomerene
- Saint David
- San Simon
- Sierra Vista
- Tombstone
- Willcox
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Cochise County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Cochise County using our eRecording service.
Are these forms guaranteed to be recordable in Cochise County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cochise County including margin requirements, content requirements, font and font size requirements.
Can the Preliminary Notice of Mechanics Lien forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Cochise County that you need to transfer you would only need to order our forms once for all of your properties in Cochise County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Arizona or Cochise County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Cochise County Preliminary Notice of Mechanics Lien forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Preliminary Notice in Arizona (20 day notice of mechanic's lien)
As a contractor, subcontractor, or materials or equipment supplier, it's vital to ensure that the property owner receives his or her preliminary (a.k.a. "pre-lien" notice) within the required timeframe. In Arizona, that form of notice (called the "preliminary 20-day notice") must be sent within 20 days after the claimant first furnished labor, professional services, materials, machinery, fixtures, or tools to the jobsite. A.R.S. 33- 922.01(C).
So, who sends the notice in order to claim a later lien? The answer is every person who furnishes labor, professional services, materials, machinery, fixtures or tools, except for a person performing actual labor for wages, must serve the owner or reputed owner, the original contractor or reputed contractor, the construction lender, and the person with whom the claimant has contracted for the purchase of those items with a written preliminary twenty-day notice. A.R.S. 33- 922.01(B). So all parties, besides laborers working for wages, who are involved in a construction job should serve one.
The preliminary notice must contain the following information: (1) a general description of the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished and an estimate of the total price; (2) the name and address of the person furnishing labor, professional services, materials, machinery, fixtures or tools; (3) the name of the person who contracted for the purchase of labor, professional services, materials, machinery, fixtures or tools; and (4) a legal description, subdivision plat, street address, location with respect to commonly known roads or other landmarks in the area or any other description of the jobsite sufficient for identification. 33- 922.01(C). The notice also contains an "acknowledgement of service" that should be detached and returned to the noticing party once it has been received and acknowledged by the property owner. Keep this in your records if receipt of service is ever questioned by any party.
Although the notice is required, neglecting to serve the property owner with one within the required time is not completely fatal to a lien claim. You may still serve the notice later on but you may only claim a lien for the labor, professional services, materials, machinery, fixtures or tools furnished within twenty days prior to the service of the notice and at any time thereafter. A.R.S. 33- 922.01(E). Therefore, makes sense to keep a reliable calendar with these important dates to ensure that the notices go out on time, especially when handling multiple customers and jobs.
Once the notice has been prepared, serve it by first class mail sent with a certificate of mailing or registered/certified mail, postage prepaid, addressed to the person to whom notice is to be given at the person's residence or business address. A.R.S. 33- 922.01(F). Service is complete at the time of the deposit of notice in the mail. Id.
Occasionally you might need additional information from the property owner to accurately prepare your 20-day preliminary notice. Under Arizona law, the owner must provide this information and failure to provide it in time will not prejudice your lien claim even if it contains missing or inaccurate information. A.R.S. 33- 922.01(J). However, once the information is received you must file and serve an amended preliminary 20-day notice within 30 days. Id.
To obtain the necessary information, make a written request of the owner. Within ten days after receipt of a written request from any person intending to file a preliminary twenty-day notice, the owner or other interested party shall furnish the person a written statement containing the following information: (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; and (5) if any payment bond has been recorded, a copy of the bond and the name and address of the surety company and bonding agent. A.R.S. 33- 922.01(I).
So, the preliminary 20-day notice is an essential step to securing an eventual mechanic's lien and the requirements demand strictly compliance to ensure there are no complications if a lien is ever needed. By working with the property owner to get the necessary information and timely submitting the notice, you're well on your way to getting your lien in place, should you ever need one.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of an attorney. Please contact an Arizona attorney with questions about filing a preliminary 20-day notice or any other issues relating to mechanic's liens.
Our Promise
The documents you receive here will meet, or exceed, the Cochise County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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