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Arkansas Lien Waivers Guide and FAQs

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Arkansas Lien Waiver FAQs

Arkansas Lien Waivers Overview

Arkansas Lien Waiver Rules

  • Rules At A Glance
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lien waivers not regulated
No Specific Form

Arkansas does not require any specific or statutory lien waiver form. Any form may be used.

lien waivers do not need to be notarized
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.

Lien waivers are pretty complex documents. But they are also unassuming because of how frequently they get exchanged on construction jobs across the country. A lien waiver is basically a receipt that payment has been made for work or materials on a job. These documents are exchanged at the time of payment, and commonly attached to subcontractor pay applications or vendor invoices.

There are different types of lien releases for different types of situations. And these documents have significant consequences for everyone on a job — as it connects directly to everyone’s right to cash! Also, one pesky aspect of lien waivers is that the process of sending, requesting, tracking, and collecting lien waivers is an administrative pain that slows down the payment on a project.

Knowing everything you can about lien waivers will allow you to make your process faster. And if your process is faster, your cash will move faster; and that’s good news for everyone on the project!

Arkansas lien waiver laws

Lien waivers are not regulated in Arkansas. However, 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.

Free Arkansas Lien Waivers Forms & Templates

Arkansas does not have required lien waiver forms, but here are some lien waiver templates that can be used on Arkansas projects. These waiver templates were drafted by construction attorneys.

Arkansas Final Conditional Lien Waiver Form - free from

Arkansas Final Conditional Lien Waiver Form

This ar final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Arkansas Final Unconditional Lien Waiver Form - free from

Arkansas Final Unconditional Lien Waiver Form

This ar final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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Arkansas Partial Conditional Lien Waiver Form - free from

Arkansas Partial Conditional Lien Waiver Form

This ar partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Arkansas Partial Unconditional Lien Waiver Form - free from

Arkansas Partial Unconditional Lien Waiver Form

This ar partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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Arkansas Lien Waivers FAQs

Arkansas' lien waivers are mostly unregulated, which can cause some confusion and create difficult situations for construction participants in Illinois, who have to navigate providing waivers in order to get paid as quickly as possible, but without giving up more than they bargained for. We have answers to some of the most common questions about Illinois' lien waiver rules below.

Arkansas Lien Waiver FAQs

Do I need to use a specific lien waiver form in Arkansas?

No, Arkansas does not require or provide statutory forms for lien waivers. Because the form and content of lien waivers aren’t regulated under Arkansas’ Mechanics Lien Act, careful attention should be given to the actual terms of the waiver to ensure you’re not waiving more than intended.

• See: Should You Sign That Lien Waiver?

What are the requirements for an Arkansas lien waivers? What makes a lien waiver binding?

Arkansas has no specific statutory provisions concerning mechanic’s lien waivers.  Case law does provide that any waiver is valid and enforceable as long as the intention of the waiving party is clearly expressed.

Are unconditional lien waivers prohibited in Arkansas?

There is no specific statutory provision or case law prohibiting unconditional lien waivers.

In fact, based on case law in Arkansas, it’s highly likely that unconditional lien waivers can be signed and enforced by parties at any time, regardless of whether payment is made.  We examined one such case in Arkansas Unconditional Lien Waiver Enforced Even Without Payment, whereby an unconditional lien waiver signed unintentionally by a contractor was enforced against them, even though the contractor signed the document by mistake and payment was not made.

Can a contractor or supplier waive their lien rights after work begins, but before payment is made?

No, advance waivers are not prohibited by a specific statutory provision or case law. Thus, parties should review the terms of their contract carefully to identify any language indicating the presence of a “no-lien clause.”

Must an Arkansas lien waiver be notarized?

No. Arkansas lien waivers are not required to be notarized to be valid.  Though many people in the industry think that lien waivers must be notarized, this is an unnecessary practice that is very rarely required. However, if the terms of the contract require that lien waivers be notarized, it’s best practice to comply with such requirements.

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How to file a lien in Arkansas

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