The below-signed (hereinafter “Customer”) and Accurate Lien and Contractor’s Assistance, LLC, an Arizona Corporation (hereinafter “Accurate”) agree that Accurate will provide clerical and information gathering services for the preparation and mailing of preliminary lien notices and related claim notices and /or preparation, mailing and recordation of statutory mechanic’s and material man’s liens on the following terms and conditions.

1.      Upon Customer’s written and / or on-line request Accurate will prepare and mail preliminary lien notices and/or claims notices and /or mechanic’s and material man’s liens for Customer.

2.      So that Accurate may fulfill order(s) placed by Customer, Customer agrees to provide ALL of the following information:

    A. Customer’s Name, address and telephone number
    B. Job Site name and address
    C. Description of materials or labor to be furnished
    D. Date job started or planned starting date
    E. Estimated cost of the job
    F. Name, address and telephone number of the party who hired the Customer on the subject project
    G. Construction Lender
    H. For mechanics and materialman’s liens only, we require:
        1. Remaining balance due to be claimed in the recorded lien and
        2. Date Customer last provided work/materials to the subject project.

3.      Customer is solely responsible for accuracy regarding all of the foregoing information and will provide such with a minimum of ten (10) business days lead time for preparation and mailing and / or recording by Accurate. Accurate offers expedited service, but only under separate contract and at additional fees. If Customer desires expedited service, Customer must make such request in writing and fulfill all other terms and conditions provided for by separate agreement. Customer is responsible for verifying Accurate’s completed work.

4.      To fulfill its obligations herein, Accurate will gather relevant information from one or more of the following public records or private sources: A. Direct contact with reputed general contractor and/or B. Direct communication with the reputed owner of the real property and/or C. Direct communication with the reputed lender, D. Ownership information from county tax assessment records, and / or E. Building permits on file in the city or county of the job site. Accurate does not promise to nor is Accurate obligated to visit or to visually inspect any jobsite or to visually verify any addresses provided by Customer and /or that may be identified in the public record and / or F. Private Online Property Database Services.
    If additional information is needed from Customer to complete any prelien notices and/or mechanics liens, Accurate will flag those items on its website as being in “issue” status. Customer has the ability to view their notices on line and Customer is responsible to check and to respond to Accurate on all matters in “issue” status. Customer is advised that any failure to respond to Accurate with any requested or flagged information may delay or prevent issuance of prelien notices and/ or mechanics liens. Any “issue” status requests over 90 days old will be cancelled.

5.      Accurate’s services are designed to provide timely preparation and mailing of preliminary notice, related claim notices and mechanics and materialman’s liens. While every reasonable effort will be made to gather reliable information, if information is gathered from outside public records and private sources, it is without independent verification by Accurate. Accordingly, no representation is made as to such information’s ultimate accuracy and correspondingly any work product there from generated by Accurate. Accurate is not responsible for nor shall be liable for any inaccuracies or errors contained within the public record. In the event that Accurate’s customer does not supply construction lender information, it may be necessary to issue the notice without lender information.

6.      Rush or priority services are NOT available to new clients on their initial set of preliminary notices.

7.      Customer understands that Accurate does not engage in rendering legal advice and is not in the practice of law.

8.      It shall remain Customer’s sole responsibility to assure that preliminary lien notices, any subsequent amendments, and any subsequent liens are timely requested so that they may timely be mailed and/or recorded. Accurate is not responsible and shall be held harmless for Customer’s failure to make timely requests for Accurate’s services.

9.      ACCURATE’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED A REFUND OF THE SUM CHARGED TO CUSTOMER FOR THE INDIVIDUAL SERVICE RENDERED ABOUT WHICH CUSTOMER MAY COMPLAIN. UNDER NO CIRCUMSTANCES SHALL ACCURATE BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

10.      Customer agrees to hold Accurate, its officers, agents and employees harmless, and agrees to defend and indemnify them for and from all claims resulting from any loss, damage or injury, of any nature, including special or consequential damages, including attorneys’ fees resulting from, or in any way connected with the preparation, service and/or recording of preliminary notices, claim notices, and/ or mechanics and materialman’s liens or other services rendered.

11.      Customer appoints Accurate as limited agent to execute preliminary lien notices and / or related claim notices and /or mechanic’s and material man’s liens and to complete the requisite declarations of service.

12.      Mechanics liens, bond claims and related services must be prepaid. Customer agrees to pay for all other services upon receipt from invoices and billings generated on a monthly basis. Payment of the account is due upon receipt. Customer agrees to pay interest of 2% per month on balances still outstanding after 30 days. In the event Accurate has to undertake collection activities, including utilizing debt collection services and / or filing suit, Customer will be responsible for all costs incurred by Accurate, including attorney fees, litigation and non-litigation-related expenses, collector fees, and fee discounts associated with debt collector services until all sums are paid in full. Service may be refused and/or suspended if account is placed on credit hold status

13.      Customer agrees that this document constitutes the entire agreement and there are no further items or provisions, either oral or otherwise.

14.      This Agreement shall be governed by and construed in accordance with Arizona law. In the event litigation should be commenced arising from this Agreement, the Parties consent to exclusive venue in Maricopa County, Arizona.

15.      Customer agrees that this Agreement shall also govern the rights and responsibilities of the Parties with respect to Customer’s use of Accurate’s website and on-line services.

16.      This Agreement is freely terminable by either party hereto upon notice to the other party.

17.      Any prevention, delay or stoppage of Accurate’s performance due to strikes, lockouts, labor disputes, acts of God, inclement weather (including rain), inability to obtain labor or information or reasonable substitutes therefor, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty and other causes beyond the reasonable control of Accurate shall excuse Accurate’s performance.

18.      Accurate reserves the right to refuse service to anyone at anytime.

Accurate Lien and Contractor’s Assistance, LLC
1853 South Horne, Suite 2,
Mesa, AZ 85204
Voice: 480-941-0844 Fax: 866-858-9369