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Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Arkansas

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Arkansas

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 codeArk. Code Ann. §§ 18-44-101 et seq.
Prelien required for private / commercial projectsYes
Prelien required for public projectsNo
AR statutory reliefFull price
Lien milestone eventLast furnishing / last invoice
Lien enforcement deadline1 to 3 years
Waivable lien rightsNo specific statutes
Supplier to supplier rightsConditional; check statutes
Prelien document name(s)Notice to Owner
Prelien minimum informationAmount due, from whom it is due, general description of labor or materials furnished, and jobsite description.
Prelien minimum notificationsOwner, and for residential projects with fewer than four units, also general contractor.
Prelien recording requirementNo
Prelien notarizedNo

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 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.

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.

Other important construction links in Arkansas

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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