Assigned to GOV AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR H.B. 2110
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. FACT SHEET – Amended
H.B. 2110
Page 2
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
3
rd
Read 2/05/24 57-0-0-0-3
Prepared by Senate Research
February 28, 2024
JT/MA/slp