lien lawyer

Mechanics’ Liens & Preliminary 20 Day Notices

A mechanic’s lien is a statutory remedy available to Arizona’s construction community. It is useful for securing payment for services rendered. To ensure accuracy and timeliness, it is best prepared by an experienced lien lawyer.

When your firm is hired to construct a new office building, and you furnish labor, materials, equipment, and other resources to perform the work to the agreed-upon specifications, as stated in the written contract between you and the owner. After work is rendered, however, you do not receive the final payment. To protect your payment and performance rights in a situation such as this, you have several options.

Arizona law requires that the claimant notify the owner through a preliminary twenty-day notice “before recording a mechanic’s lien” (A.R.S. § 33-992.01). Essentially, you are informing the owner that prompt payment is required. A mechanics’ lien may be placed on the property after the expiration of this notice. A lien lawyer can help you prepare this notice and, if necessary, file a mechanic’s lien on your behalf.

According to Arizona Revised Statutes section 33-992.01, only the original contractor – that is, “any contractor with a direct contractual relationship with the owner” – may submit a preliminary twenty-day notice.

At Palecek and Palecek PLLC, we proudly serve Arizona’s construction community. Our boutique law firm concentrates only on corporate construction clients’ needs by providing a full range of legal services and legal forms. We have a wealth of experience providing pre-litigation, litigation, corporate legal services, and contract services to private owners, developers, general contractors, specialty trade contractors, and suppliers.

Our services include:

  • Contract drafting and negotiating
  • Corporate formation
  • Non-compete and non-disclosure agreements
  • Buy-sells
  • AAA construction industry arbitrations / mediations
  • Liens
  • Stop notices, and bond rights enforcement
  • State and federal trial litigation from minor breach of contract cases to complex construction cases
  • Real estate and commercial lease review and drafting
  • Statutory preliminary notices
  • Filing / defending Registrar of Contractors complaints and handling the administrative hearings
  • Appellate work

Please call our office at (602) 522-2454 or info@paleceklaw.com to discuss your case with an experienced lien lawyer.

Resources:
“ARS § 33-992.01.” Arizona State Legislature.
Palecek, Karen. “Securing Payment for Your Work and the Priority When Equitable Subrogation Applies.” 2018 July 11. Palecek & Palecek PLLC Attorneys at Law.

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