Arizona

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COMMERCIAL:

  • Upfront Notice:
    • 20-Day Preliminary Notice:
      • Required to be sent within 20 days of first delivery to the Owner, Contractor, Customer, and Lender (if any).
      • If the dollar amount exceeds the estimated amount on the notice by more than 20% a new notice should be sent.
      • If owner returns notice with corrections, a corrected notice should go out within 30 days.
  • Follow-up Notices:
    • There is no statutory follow-up notice prior to filing the Mechanics’ Lien, or Stop Notice.

RESIDENTIAL:

  • Upfront Notice:
    • 20-Day Preliminary Notice:
      • Unless one has a signed contract with the Owner, there are no lien rights for an owner-occupied one- or two-family residence.
      • Since BICA may not know that the owner of a residence resides there and plans to continue residing there, we handle these jobs the same as we do Commercial jobs.
  • Follow-up Notices:
    • There is no statutory follow-up notice prior to filing the Mechanics’ Lien.
    • A Stop Notice is not available on one- or two- family owner-occupied residential construction.

PUBLIC:

  • Upfront Notice:
    • 20-Day Preliminary Notice:
      • Those not having a direct contract with the Contractor are required to send this notice to the Contractor within 20 days.
  • Follow-up Notices:
    • Notice to Contractor:
      • This “Little Miller Act” notice should be sent to the Contractor within 90 days of your last delivery or work on the job, if not in direct contract with the Contractor.
      • Arizona courts have decided the notice must be received by the Contractor within 90 days (not mailed within 90 days). To help ensure this happens, BICA’s deadline for mailing this notice is 80 days from last delivery.
      • This notice is available on the BICA member portal.