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How does a property owner respond to an invalid 20 day Preliminary Notice in Arizona?

ArizonaMechanics Lien

I am a property owner and hired a company to perform work. 1/2 the total cost was paid upfront and work was partially completed in December 2021. Company never came back to finish the job and quit responding to communication attempts. I received Arizona Preliminary Twenty Day Lien Notice in October 2022 (10 months later) and am looking for advice on how I should respond.

1 reply

Oct 24, 2022

A preliminary 20-day notice is not a lien, is not recorded, and does not affect title to your home. From that perspective, you don't need to do anything about an invalid preliminary notice. If the contractor records a lien against your property based on a faulty preliminary notice, the lien will be invalid. Under the provisions of ARS 33-420, persons that record an invalid lien and refuse or fail to voluntarily release the lien after demand are liable for statutory damages ranging from $1,000 to $5,000 and actually damages of three times the damage suffered as a result of the lien. If the matter progresses and a lien is recorded, you should consult a real estate or construction attorney on the issue and seek their help in resolving it.

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