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.
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
So that Accurate may fulfill order(s) placed by
Customer, Customer agrees to provide ALL of the following
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
1. Remaining balance due to be claimed in the recorded lien and
2. Date Customer last provided work/materials to the subject project.
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
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
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.
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.
Rush or priority services are NOT available to new
clients on their initial set of preliminary notices.
Customer understands that Accurate does not engage
in rendering legal advice and is not in the practice of law.
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.
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
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.
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.
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
Customer agrees that this document constitutes the
entire agreement and there are no further items or provisions,
either oral or otherwise.
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.
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.
This Agreement is freely terminable by either party
hereto upon notice to the other party.
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
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