Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Arkansas
Arkansas
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Arkansas Quick Overview
| Pursuant Code | Ark. Code Ann. §§ 18-44-101 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | No | |
| AR Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 1 to 3 years | |
| Waivable Lien Rights | No specific statutes | |
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | Notice to Owner | |
| Prelien Minimum Information | Amount due, from whom it is due, general description of labor or materials furnished, and jobsite description. | |
| Prelien Minimum Notifications | Owner, and for residential projects with fewer than four units, also to general contractor. | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in Arkansas by Role
Arkansas requires preliminary notice for all claimants intending to file a lien. Prime contractors on residential jobs (four or fewer units) must give a general notice before starting work. Subcontractors and suppliers on residential projects must send a nonpayment notice within 75 days of furnishing. All lien claimants must serve a notice of intent at least 10 days before filing a lien.
Possible Exceptions, Special Circumstances, and Caveats in Arkansas
Owner Occupied Residential: Yes, prime contractors must deliver preliminary notice before commencing work on residential projects with four or fewer units.
Residential: Yes, subcontractors and suppliers must send notice of nonpayment within 75 days of last furnishing.
Apartments: Not specifically distinguished from other residential.
Mechanic's Liens in Arkansas
In Arkansas, a mechanics lien claimant must serve a Notice of Intent to Lien at least 10 days before recording a lien. The lien itself must be filed within 120 days after the last furnishing of labor or materials. The lien must include an affidavit of compliance, notices served, and proof of service, and it must be filed in the circuit court clerk's office. Enforcement must begin within 15 months of filing.
Bond Claims in Arkansas
On public works projects, bond claims are governed by Ark. Code Ann. § 22-9-401. Claimants must provide notice within 90 days after last providing labor or materials. A lawsuit on the bond must be brought within one year from the last date materials were provided or labor performed.
Construction Lien Waivers in Arkansas
Required Format: Arkansas does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Arkansas does not require waivers to be notarized.
Lien waivers in Arkansas are generally not required prior to payment but may be contractually required. Waivers must not be used to waive lien rights in advance of labor or materials being provided.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Arkansas counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Arkansas
Frequently Asked Questions (FAQs) on Arkansas Lien Processes for Contractors
Do I need to send a notice before filing a lien in Arkansas?
Yes. A Notice of Intent to Lien must be served at least 10 days prior to filing a lien under Ark. Code Ann. § 18-44-114.
What is the deadline to file a mechanics lien in Arkansas?
A lien must be filed within 120 days after the last day labor or materials were furnished to the project.
Can a subcontractor file a lien if the general contractor did not provide a pre-lien notice?
Yes, but the subcontractor must still comply with notice and filing deadlines independently to protect their rights.
Do residential projects have different rules?
Yes. For residential projects with 4 or fewer units, notice requirements are stricter. Subcontractors must serve notice of nonpayment within 75 days of furnishing labor or materials.
What's required to enforce a filed lien?
An action to enforce must be brought and a lis pendens recorded within 15 months after filing the lien.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
