Arkansas Mechanics Lien Requirements
Arkansas law sets forth specific requirements that unpaid construction parties must follow in order to file a mechanics lien claim. Read the step-by-step guide to filing a mechanics lien in Arkansas.
You are qualified to file a mechanics lien in Arkansas if you are a contractor, subcontractor, or material supplier, who supplies labor, material fixtures, engines, boilers, or machinery in construction or repair of an improvement on real property.
Arkansas law also provides mechanics lien rights to architects, engineers, surveyor, appraiser, abstractor, title insurance agent, or person providing landscaping services or supplies if under a written contract with the owner or owner’s agent.
In Arkansas, a mechanics lien must be filed within 120 days of last “substantial” work on the project. Claimants must file the lien claim with the circuit clerk of the Arkansas county in which the property is located.
On residential projects in Arkansas, a contractor is required to provide a preliminary notice, known as a Pre-Construction Notice to Owner, prior to starting work. While the general contractor’s notice to owner works to the benefit of the sub-contractors and material suppliers, his failure to give the required notice affects their lien rights. It is prudent, then, for subcontractors and material suppliers to provide their own Pre-Construction Notice to Owner to safeguard their lien rights.
Lien claimants on commercial projects are required to provide a Notice to Owner and Contractor within 75 days of last providing work or materials to the project.
Also, Arkansas lien claimants are required to give a Notice of Intent to Lien 10 days prior to filing a mechanics lien.
An Arkansas mechanics lien must include:
- Claim amount
- Property description
- Affidavit of notice
- A copy of each notice given
Arkansas law does not allow claimants to include profits in the claim amount, unless you are engaged in a fixed price contract and you have completed the contract. Otherwise, the claim amount must be stripped to simply the costs of the labor and/or materials furnished.
Enforcing the lien
Arkansas law requires that a mechanics lien be enforced within 15 months of the date the lien was recorded.