Arkansas Lien Waiver Rules
- Rules At A Glance
- Top Links
No Specific Form
Arkansas does not require any specific or statutory lien waiver form. Any form may be used.
Notarization Not Required
Arkansas lien waivers are not required to be notarized, and should not be notarized.
Can Waive Rights in Contract
There is no statutory provision or case law in Arkansas that specifically prohibits waiving future lien rights through contract.
Can Waive Rights Before Payment
There is no statutory provision or case law in Arkansas that prohibits waiving future lien rights through contract. And there are cases suggesting this is allowed.
Arkansas lien waivers can be very tricky and dangerous for all parties involved.
Lien waivers are not regulated in Arkansas, and case law suggests that these documents (also called lien releases or releases) are treated just like any other contractual document. When it comes to contracts, parties can agree to pretty much anything they want so long as the agreement is clear, and not contrary to public policy.
In Arkansas, therefore, when parties exchange a lien waiver, they ought to look very closely at what is being agreed upon. While it may be tempting to try and use the lien waiver moment to gain new legal rights, all participants should be careful since there are public policy protections in favor of contractors, subcontractors, and suppliers with respect to their lien rights.
As such, good, clean, standard lien waiver forms and language is an Arkansas best practice…but, if the parties do sign something wonky, it can turn into an expensive problem.
Below are some frequently asked questions about the lien waiver laws and requirements in Arkansas.