Arkansas Lien Waivers Guide and FAQs

Ready? Build Your Free Arkansas
Lien Waivers Now

Get Your Lien Waiver Now
Arkansas Lien Waiver FAQs

Arkansas Lien Waivers Overview

Arkansas Lien Waiver Rules


  • Rules At A Glance
  • Top Links
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.


icon-can
Can Waive Rights in Contract

There is no statutory provision or case law in Arkansas that specifically prohibits waiving future lien rights through contract.


icon-can
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.

Arkansas Lien Waivers FAQs

Arkansas lien waivers are exchanged by job participants around the time of payment. In Arkansas, lien waivers are not regulated. This means that there are no specific laws setting forth the forms and rules of exchanging these documents. Arkansas lien waivers, in fact, are a lot like full-fledged contracts. They are a legal document exchanged and agreed to by the parties. Some states really restrict what can and cannot be done with lien waivers, but Arkansas is not one of those states. In fact, there is a recent legal case suggesting that the courts will treat lien waivers just like any other contract in Arkansas. As a result, construction job participants must be very careful when preparing, signing, requesting, exchanging, and otherwise handling lien waivers.

Arkansas Lien Waiver FAQs

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

No, Arkansas does not require a statutory form for waivers.  Further, there is recent case law suggesting that lien waivers will be treated just like any other contract. This means parties can include almost anything in their lien waivers, so long as it is clear and the parties explicitly agree to it.  See our blog post about the Arizona decision in Travelers Cas. And Surety Co. of America v. Cummins Mid-South (full case text here).

What are the requirements for an Arkansas lien waiver? 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 present.

Are Unconditional Lien Waivers Prohibited in Arkansas?

There is not 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 anytime, 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.

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 a weird practice that is very rarely required.  It is not required in Arizona. We explore this topic in more detail in: Do I Need To Notarize My Lien Waiver?

Need More Help With Arkansas Lien Waivers? We're Here.

Ask an Expert for Free

Check Out Our Payment Experts

Recent Questions & Answers
About Arkansas Lien Waivers

Should i do a partial lien waiver as a home owner for a Contractor to do work at my property?

I am hiring someone to do a large project at my home and am writing up the contract. I will pay 1/2 up front and...

Is the lien waiver valid?

Hi we sent a lien waver to our subcontractor to be signed, their manager signed the document on October 30th and the Notary signed and...

Texas exceptions on waivers

can you list exceptions on a unconditional progress waiver for texas commercial project?

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...

Get Form Now

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...

Get Form Now

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...

Get Form Now

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....

Get Form Now

Helping Thousands Of Contractors
Like You With Arkansas Lien Waivers