In Arkansas, lien claimants on commercial projects are required to provide a Notice to Owner and Contractor (also known as a pre-lien) within 75 days of last providing work or materials to the project. The Notice to Owner must be served to both the Owner and the General Contractor whether be hand-delivered or mailed via return receipt requested, restricted delivery, to addressee or agent of addressee, or by any means that provides written, third-party verification of delivery.
The Notice to Owner is considered delivered when sent, and verified by a return receipt signed by the addressee or the agent of the addressee, or a returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed.
In addition to Notice to Owner requirements, a potential lien claimant must provide the property owner with a Notice of Intent to Lien at least 10 days prior to filing an Arkansas Mechanic’s Lien.
A Preliminary 20-day Notice (pre-lien) is required by Arizona law to be sent by every person (including the general contractor) who furnishes labor, professional services, or materials to preserve their lien rights. The Notice must be given no later than 20 days after the claimant has first furnished labor or materials to fully protect the lien claimant. The Preliminary 20-day Notice must be given to the Owner, the General Contractor, the Construction Lender (if any), and the party with whom you have contracted. Arizona provides protection up to 120% of the amount noted in the original notice to a lien claimant who underestimates his labor and/or materials provided to the project.
It is better to send a late Preliminary 20-Day Notice than not at all. The failure to provide a Preliminary 20-day Notice invalidates a mechanic’s lien in Arizona. A lien claimant who fails to provide a timely Preliminary 20-day Notice may provide the notice at a later date. However, you will only retain lien rights for materials and/or labor furnished within the 20 days preceding the late notice, and the labor and/or materials provided thereafter.
In Arizona, the construction lien law is very specific. In addition to simply filing a lien, a claimant need to make sure that it complied with all the pre-requisites that the mechanics’ lien law requires.
Liens filed on private property or on funds relating to a public project are known as Mechanic’s Liens. When a construction lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.
In Arizona, contractors, as well as subcontractors, design professionals, sub-subcontractors and material suppliers can file a lien. If a company supplies material to a material supplier, they are not eligible to file a lien claim. If the project involves an owner occupied one or two family residence, then only a party having a direct contract with the owner can file a lien.
Within 20 days of the commencement of work on the property, subcontractors and suppliers should provide written notice to the owner or the person having charge of the property that they are performing work on the property. This notice should also be provided to the construction lender and the general contractor. Only one notice is required unless the actual total price exceeds by 20 percent the estimated total price, at which point additional pre-notices are required (this is usually the result of change orders).
Prime contractors, subcontractors, materialmen and professionals must file a notice and claim for lien within the earlier of 120 days after completion, or within 60 days after the recording of the notice of completion.
For more information on filing an Arizona Construction Lien, and Arizona Mechanics Lien, or an Arizona pre-lien notice, please visit http://lienitnow.com/arizona-faq.asp.