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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
mechanics' liens; notice
Purpose
Specifies that a preliminary 20-day notice (preliminary notice) of a mechanic's lien in compliance with statutory requirements is not defective based on a failure to use bold-faced type or the largest type otherwise on the document.
Background
Statute stipulates that every person who labors or furnishes professional services, materials, machinery, fixtures or tools in the construction, alteration or repair of any building must have a lien on such building, structure or improvement for the work or labor done or professional services, materials, machinery, fixtures or tools furnished, with certain exemptions. Every person who furnishes labor, professional services, materials, machinery, fixtures or tools for which a lien may be claimed must, as a necessary prerequisite to the validity of any claim of lien, serve the owner or reputed owner, the original contractor or reputed contractor, the construction lender, if any, or reputed construction lender, if any, and the person with whom the claimant has contracted for the purchase of those items with a written preliminary notice (A.R.S. §§ 33-981 and 33-992.01).
A preliminary notice is one or more written notices from a claimant that are given before the recording of a mechanic's lien and that are required to be given in accordance with statute. The preliminary notice must be given no later than 20 days after the claimant has first furnished labor, professional services, materials, machinery, fixtures or tools to the jobsite and must contain: 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 thereof; 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; 4) a legal description, subdivision plat, street address or descriptive location sufficient for jobsite identification; and 5) a prescribed statement of notice in bold-faced type. Certain sections of language in the preliminary notice are statutorily required to be in type at least as large as the largest type otherwise on the notice (A.R.S. § 33-992.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates that a preliminary notice in compliance with statutory requirements is not defective based on a failure to use bold-faced type or type at least as large as the largest type otherwise on the document, or both.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes the emergency clause.
House Action Senate Action
RA 1/17/24 DPA 6-0-0-0 GOV 2/28/24 DPA 8-0-0
3rd Read 2/05/24 57-0-0-0-3
Prepared by Senate Research
February 28, 2024
JT/MA/slp