Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Arkansas
AR 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 you to work with a construction attorney for 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 | Conditional; 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 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.
- Prime / Original / General Contractors (GCs): Private/Commercial: On residential jobs with four or fewer units, the prime contractor must serve the owner with a preliminary notice of lien rights before work begins. This protects lien rights for all subcontractors and suppliers.
- Subcontractors / Trade Partners (Subs): Private/Commercial: Subcontractors must serve a notice of nonpayment to the owner and general contractor within 75 days of furnishing labor or materials on residential projects (four or fewer units), and must also send a notice of intent to lien at least 10 days prior to filing.
- Second-tier subcontractors: Private/Commercial: Same requirements as subcontractors on residential projects notice of nonpayment and notice of intent required.
- Lower-tier subcontractors: Private/Commercial: Must follow the same 75-day notice and 10-day intent requirements as other subcontractors.
- Material suppliers: Private/Commercial: Suppliers on residential projects (four or fewer units) must send the owner and general contractor a notice of nonpayment within 75 days of last furnishing and a notice of intent to lien at least 10 days prior to lien filing.
- Equipment lessors: Private/Commercial: Same as material supplier subject to 75-day nonpayment notice and 10-day intent requirement for residential projects.
- Second-tier material suppliers: Private/Commercial: Same as other suppliers subject to 75-day notice of nonpayment and 10-day notice of intent for residential.
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 projects, mechanic's lien rights are typically replaced by bond claim rights. Bond claim notice and enforcement timelines can vary by project type and bond language, so coordinate with your construction attorney to confirm the correct deadline and required notice path.
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 online lien-related information for construction project parcels—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.
- *Aleutians East Borough
- *Arkansas County
- *Ashley County
- Baxter County
- Benton County
- *Boone County
- *Bradley County
- *Calhoun County
- *Carroll County
- *Chicot County
- *Clark County
- *Clay County
- *Cleburne County
- *Cleveland County
- *Columbia County
- *Conway County
- Craighead County
- Crawford County
- *ittenden County
- *Cross County
- *Dallas County
- *Desha County
- *Drew County
- *Faulkner County
- *Franklin County
- *Fulton County
- Garland County
- *Grant County
- *Greene County
- *Hempstead County
- *Hot Spring County
- *Howard County
- *Independence County
- *Izard County
- *Jackson County
- *Jefferson County
- *Johnson County
- *Lafayette County
- *Lawrence County
- *Lee County
- *Lincoln County
- *Little River County
- *Logan County
- *Lonoke County
- *Madison County
- *Marion County
- *Miller County
- *Mississippi County
- *Monroe County
- *Montgomery County
- *Nevada County
- *Newton County
- *Ouachita County
- *Perry County
- *Phillips County
- *Pike County
- *Poinsett County
- *Polk County
- Pope County
- *Prairie County
- Pulaski County
- *Randolph County
- *St. Francis County
- Saline County
- *Scott County
- *Searcy County
- Sebastian County
- *Sevier County
- *Sharp County
- *Stone County
- *Union County
- *Van Buren County
- Washington County
- *White County
- *Woodruff County
- *Yell County
Other important construction links in Arkansas
- Arkansas mechanics and materialmen’s lien laws
- Arkansas State Licensing Board for Contractors
- Arkansas state procurement (public construction)
- Arkansas Attorney General consumer protection
- OSHA Little Rock area office
- Arkansas chapter — Associated General Contractors
- Arkansas Construction Education Foundation
Check out this ‘X’ list for Arkansas created by Prelien Pro!
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 is typically served at least 10 days before recording.
What is the deadline to file a mechanic’s lien in Arkansas?
A lien is generally filed within 120 days after the last day labor or materials were furnished.
Can a subcontractor file a lien if the general contractor did not provide a pre-lien notice?
Potentially yes, but each claimant must independently satisfy its own notice and filing duties.
Do residential projects have different rules?
Yes. Residential projects with four or fewer units generally have stricter notice requirements, including timing-sensitive notices for subs and suppliers.
What is required to enforce a filed lien?
An enforcement action is generally required within 15 months after filing, with related filings made in time.
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