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.