Arkansas Notice of Intent
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Arkansas Notice of Intent to Lien Overview

Only a handful of states have a Notice of Intent to Lien requirement, and Arkansas is one of them. And, even among those states, Arkansas has extremely unique rules surrounding Notice of Intent to Lien rues. For one, the state requires what’s a sort of “traditional” NOI requirement. That is, a Notice of Intent to Lien must be sent at least 10 days before the lien is filed. While Notices of Intent to Lien aren’t required in most states, that’s a pretty standard rule among the states which do require them.

However, there’s an additional rule to keep in mind on Arkansas commercial projects – the Notice to Owner and Contractor requirement. To preserve the right to file a mechanics lien, Arkansas claimants hired by someone other than the GC must send this notice on commercial jobs in order to preserve their right to lien. It acts as a sort-of hybrid: It’s not a preliminary notice since it’s sent after work has concluded, but it’s also not quite a Notice of Intent to Lien. The Notice to Owner and Contractor must be sent within 75 days after last furnishing labor or materials to the job site.

It can be a bit confusing, but it’s important to get this process right. Otherwise, mechanics lien rights will be lost. While it’s not always easy for your back office to keep these requirements straight, using an online platform to send these documents can take a lot of headache out of compliance.

Below, we’ve shared some common questions and answers regarding the Arkansas Notice of Intent requirements.

Arkansas Notice of Intent FAQs

Arkansas is home to complex lien laws. And, a lot of that complexity comes in the form of Notice of Intent to Lien requirements. Arkansas is one of the few states which requires a Notice of Intent to Lien before a lien can be filed. And, for commercial jobs, it actually requires two different post-work notices be sent, depending on your role.



Below are some common questions and answers about these notices.

For GCs, Subcontractors, Suppliers, and Others

Is a Arkansas Notice of Intent to Lien required?

Yes, at least one Notice of Intent to Lien will be required.

All Arkansas mechanics lien claimants will need to send a Notice of Intent to Lien in order to file a valid and enforceable mechanics lien.

Additionally, parties hired by someone other than the owner on a commercial project will need to send a separate notice – a Notice to Owner and Contractor. This is a sort-of interim notice that’s sent after work, but before an NOI and lien claim.

Those notices are discussed in detail here: Arkansas Notices: Preliminary? Notice of Intent? Both?

When do I need to send an Arkansas Notice of Intent to Lien?

The traditional Notice of Intent to Lien must be sent at least 10 days before filing an Arkansas mechanics lien.

Notably, sending this document won’t extend lien deadlines – that means Arkansas claimants should plan accordingly and build in some time before their deadline to send the notice.

When required, the Notice to Owner and Contractor must be sent within 75 days of last furnishing labor or materials to the project. That means it’s sent almost two months before the lien deadline (which is 120 days of last furnishing).

Which parties must receive an Arkansas Notice of Intent to Lien?

The traditional Notice of Intent to Lien must be sent to the property owner or the owner’s agent.

A Notice to Owner and Contractor must be sent both to the owner and to the original contractor on the job.

How should the Arkansas Notice of Intent to Lien be sent?

Both the Notice of Intent to Lien and the Notice to Owner and Contractor may be given by personal service, or by mail with restricted delivery and return receipt requested.

Further, they may also be sent by any means that provides third-party verification of delivery (like an overnight delivery service).

It’s important, obviously, to generate some documentation that the notice was sent and received.

Does the Notice of Intent affect my lien rights or lien deadline?

Yes!

Notice of Intent to Lien must be sent in order to have a valid and enforceable lien claim. And, the same is true for the Notice to Owner and Contractor when that notice is required.

Failure to send these required notices will likely be fatal to the ability to enforce the lien claim.

What information should be included on a Arkansas NOI?

The traditional Notice of Intent to Lien document doesn’t have much in the way of official requirements. It must contain the amount of the claim, the party who’s failed to make payment, and the contact information for the party sending the notice. Other relevant information – such as a description of the property or the dates when work was performed – could be helpful, too.

The Notice to Owner and contractor requirements are set out at Arkansas Code 18-44-115(b)(6). The notice must contain the following information:

– A general description of the work performed
– The amount due and unpaid
– The name of the party sending the notice
– The name of the party who hired them
– A description of the job site that’s sufficient for identification

Further, it must include this specific statement bolded and in all-caps:

NOTICE TO PROPERTY OWNER

IF BILLS FOR LABOR, SERVICES, OR MATERIALS USED TO CONSTRUCT OR PROVIDE SERVICES FOR AN IMPROVEMENT TO REAL ESTATE ARE NOT PAID IN FULL, A CONSTRUCTION LIEN MAY BE PLACED AGAINST THE PROPERTY. THIS COULD RESULT IN THE LOSS, THROUGH FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR REAL ESTATE BEING IMPROVED. THIS MAY OCCUR EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY PAYING THE ABOVE NAMED PROVIDER OF LABOR, SERVICES, OR MATERIALS DIRECTLY, OR MAKING YOUR CHECK PAYABLE TO THE ABOVE NAMED PROVIDER AND CONTRACTOR JOINTLY.

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Free Arkansas Notice of Intent Forms

Compliant with Arkansas statutes and applicable for jobs in any Arkansas county.

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Arkansas Notice of Intent Statutes

Arkansas is home to some extremely complex mechanics lien laws, and that’s in large part due to its Notice of Intent to Lien requirements. You can find the most relevant section of the Arkansas lien statute below, or you can read the lien statute in full here (after scrolling down a bit): Arkansas Mechanics Lien Guide and FAQs.

Arkansas Notice of Intent Statute

§ 18-44-114. Notice and Service Generally

(a) Every person who may wish to avail himself or herself of the benefit of the provisions of this subchapter shall give ten (10) days’ notice before the filing of the lien, as required in § 18-44-117(a), to the owner of a building or improvement that he or she holds a claim against the building or improvement, setting forth the amount and from whom it is due.

(b)(1) The notice may be served by any:

(A) Officer authorized by law to serve process in a civil action;

(B) Person who would be a competent witness;

(C) Form of mail addressed to the person to be served, with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or

(D) Means that provides written, third-party verification of delivery at any place where the owner of the building or improvement maintains an office, conducts business, or resides.

(2)(A)(i) When served by an officer, his or her official return endorsed on the notice shall be proof of the service.

(ii) When served by any other person, the fact of the service shall be verified by affidavit of the person serving the notice.

(B)(i) When served by mail, the service shall be:

(a) Complete when mailed; and

(b) Verified by a return receipt signed by the addressee or the agent of the addressee, or a returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed.

(ii) If delivery of the mailed notice is refused by the addressee or the item is unclaimed:

(a) The lien claimant shall immediately send the owner of the building or improvement a copy of the notice by first class mail and may proceed to file his or her lien; and

(b) The unopened original of the item marked unclaimed or refused by the United States Postal Service shall be accepted as proof of service as of the postmarked date of the item.

§ 18-44-115. Notice to Owner by Contractor

(a)(1) No lien upon residential real estate containing four (4) or fewer units may be acquired by virtue of this subchapter unless the owner of the residential real estate, the owner’s authorized agent, or the owner’s registered agent has received, by personal delivery or by certified mail, a copy of the notice set out in this subsection.

(2) The notice required by this subsection shall not require the signature of the owner of the residential real estate, the owner’s authorized agent, or the owner’s registered agent in an instance when the notice is delivered by certified mail.

(3) It shall be the duty of the residential contractor to give the owner, the owner’s authorized agent, or the owner’s registered agent the notice set out in this subsection on behalf of all potential lien claimants before the commencement of work.

(4) If a residential contractor fails to give the notice required under this subsection, then the residential contractor is barred from bringing an action either at law or in equity, including without limitation quantum meruit, to enforce any provision of a residential contract.

(5)(A) Any potential lien claimant may also give notice.

(B)(i) If before commencing work or supplying goods a subcontractor, material supplier, laborer, or other lien claimant gives notice under this section, the notice shall be effective for all subcontractors, material suppliers, laborers, and other lien claimants not withstanding that the notice was given after the project commences as defined under § 18-44-110(a)(2).

(ii) If the notice relied upon by a lien claimant to establish a lien under this subchapter is given by another lien claimant under subdivision (a)(5)(B)(i) of this section after the project commences, the lien of the lien claimant shall secure only the labor, material, and services supplied after the effective date of the notice under subdivision (a)(5)(B)(i) of this section.

(C) However, no lien may be claimed by any subcontractor, laborer, material supplier, or other lien claimant unless the owner of the residential real estate, the owner’s authorized agent, or the owner’s registered agent has received at least one (1) copy of the notice, which need not have been given by the particular lien claimant.

(6) A residential contractor who fails to give the notice required by this subsection is guilty of a violation pursuant to § 5-1-108 and upon pleading guilty or nolo contendere to or being found guilty of failing to give the notice required by this subsection shall be punished by a fine not exceeding one thousand dollars ($1,000).

(7) The notice set forth in this subsection may be incorporated into the contract or affixed to the contract and shall be conspicuous, set out in boldface type, worded exactly as stated in all capital letters, and shall read as follows:

“IMPORTANT NOTICE TO OWNER

I UNDERSTAND THAT EACH CONTRACTOR, SUBCONTRACTOR, LABORER, SUPPLIER, ARCHITECT, ENGINEER, SURVEYOR, APPRAISER, LANDSCAPER, ABSTRACTOR, OR TITLE INSURANCE AGENT SUPPLYING LABOR, SERVICES, MATERIAL, OR FIXTURES IS ENTITLED TO A LIEN AGAINST THE PROPERTY IF NOT PAID IN FULL FOR THE LABOR, SERVICES, MATERIALS, OR FIXTURES USED TO IMPROVE, CONSTRUCT, OR INSURE OR EXAMINE TITLE TO THE PROPERTY EVEN THOUGH THE FULL CONTRACT PRICE MAY HAVE BEEN PAID TO THE CONTRACTOR. I REALIZE THAT THIS LIEN CAN BE ENFORCED BY THE SALE OF THE PROPERTY IF NECESSARY. I AM ALSO AWARE THAT PAYMENT MAY BE WITHHELD TO THE CONTRACTOR IN THE AMOUNT OF THE COST OF ANY SERVICES, FIXTURES, MATERIALS, OR LABOR NOT PAID FOR. I KNOW THAT IT IS ADVISABLE TO, AND I MAY, REQUIRE THE CONTRACTOR TO FURNISH TO ME A TRUE AND CORRECT FULL LIST OF ALL SUPPLIERS AND SERVICE PROVIDERS UNDER THE CONTRACT, AND I MAY CHECK WITH THEM TO DETERMINE IF ALL MATERIALS, LABOR, FIXTURES, AND SERVICES FURNISHED FOR THE PROPERTY HAVE BEEN PAID FOR. I MAY ALSO REQUIRE THE CONTRACTOR TO PRESENT LIEN WAIVERS BY ALL SUPPLIERS AND SERVICE PROVIDERS, STATING THAT THEY HAVE BEEN PAID IN FULL FOR SUPPLIES AND SERVICES PROVIDED UNDER THE CONTRACT, BEFORE I PAY THE CONTRACTOR IN FULL. IF A SUPPLIER OR OTHER SERVICE PROVIDER HAS NOT BEEN PAID, I MAY PAY THE SUPPLIER OR OTHER SERVICE PROVIDER AND CONTRACTOR WITH A CHECK MADE PAYABLE TO THEM JOINTLY.

SIGNED:________________________

ADDRESS OF PROPERTY _________________________

DATE:__________

I HEREBY CERTIFY THAT THE SIGNATURE ABOVE IS THAT OF THE OWNER, REGISTERED AGENT OF THE OWNER, OR AUTHORIZED AGENT OF THE OWNER OF THE PROPERTY AT THE ADDRESS SET OUT ABOVE.

_________________________

CONTRACTOR”

(8)(A) If the residential contractor supplies a performance and payment bond or if the transaction is a direct sale to the property owner, the notice requirement of this subsection shall not apply, and the lien rights arising under this subchapter shall not be conditioned on the delivery and execution of the notice.

(B) A sale shall be a direct sale only if the owner orders materials or services from the lien claimant.

(b)(1)(A) The General Assembly finds that owners and developers of commercial real estate are generally knowledgeable and sophisticated in construction law, are aware that unpaid laborers, subcontractors, and material suppliers are entitled to assert liens against the real estate if unpaid, and know how to protect themselves against the imposition of mechanics’ and material suppliers’ liens.

(B) The General Assembly further finds that consumers who construct or improve residential real estate containing four (4) or fewer units generally do not possess the same level of knowledge and awareness and need to be informed of their rights and responsibilities.

(2) As used in this subsection:

(A) “Commercial real estate” means:

(i) Nonresidential real estate; and

(ii) Residential real estate containing five (5) or more units; and

(B) “Service provider” means an architect, an engineer, a surveyor, an appraiser, a landscaper, an abstractor, or a title insurance agent.

(3) Because supplying the notice specified in subsection (a) of this section imposes a substantial burden on laborers, subcontractors, service providers, and material suppliers, the notice requirement mandated under subsection (a) of this section as a condition precedent to the imposition of a lien by a laborer, subcontractor, service provider, or material supplier shall apply only to construction of or improvement to residential real estate containing four (4) or fewer units.

(4) No subcontractor, service provider, material supplier, or laborer shall be entitled to a lien upon commercial real estate unless the subcontractor, service provider, material supplier, or laborer notifies the owner of the commercial real estate being constructed or improved, the owner’s authorized agent, or the owner’s registered agent in writing that the subcontractor, service provider, material supplier, or laborer is currently entitled to payment but has not been paid.

(5)(A) The notice shall be sent to the owner, the owner’s authorized agent, or the owner’s registered agent and to the contractor before seventy-five (75) days have elapsed from the time that the labor was supplied or the materials furnished.

(B) The notice may be served by any:

(i) Officer authorized by law to serve process in civil actions;

(ii) Form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or

(iii) Means that provides written, third-party verification of delivery at any place where the owner, the owner’s registered agent, or the owner’s authorized agent maintains an office, conducts business, or resides.

(C) When served by mail, the notice shall be complete when mailed.

(D) If delivery of the mailed notice is refused by the addressee or the item is unclaimed:

(i) The lien claimant shall immediately send the owner, the owner’s authorized agent, or the owner’s registered agent a copy of the notice by first class mail; and

(ii) The unopened original of the item marked unclaimed or refused by the United States Postal Service shall be accepted as proof of service as of the postmarked date of the item.

(6) The notice shall contain the following information:

(A) A general description of the labor, service, or materials furnished, and the amount due and unpaid;

(B) The name and address of the person furnishing the labor, service, or materials;

(C) The name of the person who contracted for purchase of the labor, service, or materials;

(D) A description of the job site sufficient for identification; and

(E) The following statement set out in boldface type and all capital letters:

“NOTICE TO PROPERTY OWNER

IF BILLS FOR LABOR, SERVICES, OR MATERIALS USED TO CONSTRUCT OR PROVIDE SERVICES FOR AN IMPROVEMENT TO REAL ESTATE ARE NOT PAID IN FULL, A CONSTRUCTION LIEN MAY BE PLACED AGAINST THE PROPERTY. THIS COULD RESULT IN THE LOSS, THROUGH FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR REAL ESTATE BEING IMPROVED. THIS MAY OCCUR EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY PAYING THE ABOVE NAMED PROVIDER OF LABOR, SERVICES, OR MATERIALS DIRECTLY, OR MAKING YOUR CHECK PAYABLE TO THE ABOVE NAMED PROVIDER AND CONTRACTOR JOINTLY.”

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