F. The notice or notices required by this section may be given by mailing the notice by first class mail sent with a
certificate of mailing, registered or certified mail, postage prepaid in all cases, addressed to the person to whom
notice is to be given at the person’s residence or business address. Service is complete at the time of the deposit
of notice in the mail.
G. A person required by this section to give notice to the owner, to an original contractor, to the construction
lender, if any, and to the person with whom the claimant has contracted need give only one notice to the owner,
to the original contractor, to the construction lender, if any, and to the person with whom the claimant has
contracted with respect to all labor, professional services, materials, machinery, fixtures or tools furnished for the
building, structure or improvement, unless the actual estimated total price for the labor, professional services,
materials, machinery, fixtures or tools furnished or to be furnished exceeds by thirty percent or more the total
price in any prior original or subsequent preliminary notice or unless the labor, professional services, materials,
machinery, fixtures or tools are furnished under contracts with more than one subcontractor, in which case notice
requirements shall be met for all additional labor, professional services, materials, machinery, fixtures or tools.
H. If a notice contains a general description required by subsection C of this section of the labor, professional
services, materials, machinery, fixtures or tools furnished up to the date of notice, it is not defective because after
the date the person giving notice furnishes labor, professional services, materials, machinery, fixtures or tools that
are not within the scope of the general description, or exceed by less than thirty percent the estimated total price
thereof.
I. Within ten days after receipt of a written request from any person or the person’s agent intending to file a
preliminary twenty day notice, which request shall identify the person, the person’s address, the jobsite and the
general nature of the person’s labor, professional services, materials, machinery or tools to which the preliminary
twenty day notice shall apply, or within ten days after the receipt of a preliminary twenty day notice, the owner or
other interested party shall furnish the person a written statement containing the following information:
1. The legal description, subdivision plat, street address or location with respect to commonly known roads or
other landmarks in the area, or any other description of the jobsite sufficient for identification.
2. The name and address of the owner or reputed owner.
3. The name and address of the original contractor or reputed contractor.
4. The name and address of the construction lender, if any, or reputed construction lender.
5. If any payment bond has been recorded pursuant to section 33-1003, a copy of the bond and the name and
address of the surety company and bonding agent, if any, providing the payment bond.
J. Failure of the owner or other interested party to furnish the information required by this section does not excuse
any claimant from timely giving a preliminary twenty day notice, but it does stop the owner from raising as a
defense any inaccuracy of the information in a preliminary twenty day notice, provided the claimant’s preliminary
twenty day notice of lien otherwise complies with the provisions of this chapter. If the information is received by
the claimant after the claimant has given a preliminary twenty day notice and the information contained in the
preliminary twenty day notice is inaccurate, the claimant shall, within thirty days of the receipt of this information,
give an amended preliminary twenty day notice in the manner provided in this section. An amended preliminary
twenty day notice shall be considered as having been given at the same time as the original preliminary twenty
day notice, except that the amended preliminary twenty day notice shall be effective only as to work performed,
materials supplied or professional services rendered twenty days prior to the date of the amended preliminary
twenty day notice or the date the original preliminary twenty day notice was given to the owner, whichever occurs
first. If a payment bond has been recorded in compliance with section 33-1003 and the owner or other interested
party fails to furnish a copy of the bond and the other information as required by this section, the claimant shall
retain lien rights to the extent precluded or prejudiced from asserting a claim against the bond as a direct result of
not timely receiving a copy of the bond and the other information from the owner or other interested party.
AZ Rev Stat § 33-992.01 (2nd Regular Session, January 2020)