Arkansas Preliminary Notice Guide and FAQs

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Arkansas Preliminary Notice FAQs

Arkansas Preliminary Notice Overview

Arkansas Preliminary Notice Rules
At a Glance


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Preliminary Notices Are Required

Preliminary notices are required in Arkansas. On residential projects, a notice is required to be provided prior to starting work. While the general contractor’s notice works to the benefit of the sub-contractors and material suppliers, the failure to give the required notice affects sub-tier lien rights, so every party should provide their own notice. On non-residential projects, a notice is required to be given not later than 75 days after last furnishing labor or materials. And, finally, a notice of intent to lien is required prior to filing a lien on all projects.


75
DAYS
GCs Are Required to Send Notice

On residential projects, a pre-construction notice to owner required before work. On other projects, architects, engineers, surveyors, appraisers, landscapers, or abstractors contracting with the owner must provide notice within 75 days of last furnishing work and materials. On all projects, a notice of intent to lien is required 10 days before filing a lien.


75
DAYS
Subcontractors Are Required to Send Notice

On residential projects, a pre-construction notice to owner required before work. On other projects, notice to owner and contractor within 75 days of last furnishing work and materials. On all projects, a notice of intent to lien is required 10 days before filing a lien.


75
DAYS
Suppliers Are Required to Send Notice

On residential projects, a pre-construction notice to owner required before work. On other projects, notice to owner and contractor within 75 days of last furnishing work and materials. On all projects, a notice of intent to lien is required 10 days before filing a lien.


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You Cannot Send Preliminary Notice Late

It is important to meet the deadlines for Arkansas preliminary notices. If a required notice is sent late, it is fatal to any subsequent lien rights.


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Send to Owner (and Contractor)

The notice to owner and contractor on non-residential projects must be given to both the owner and the general/prime/direct contractor. Other required notices must be given to the owner or the owner’s agent.

Preliminary notice not required in WV
Preliminary Notice Not Required

Arkansas does not require any preliminary notice to preserve a claimant’s right to make claim against a payment bond. However, the claimant does have the obligation to verify that a bond has been provided. If the claimant fails to do so, and no bond was provided, the claimant has no action against the contracting public entity or the individual general contractor.


X
No Notice Required from GCs

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.


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No Notice Required from Subs

Arkansas does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.


X
No Notice Required from Suppliers

Arkansas does not require preliminary notices be sent to preserve the right to make a claim against a payment bond on a public project.

Arkansas has a very interesting and relatively complex and unique preliminary notice scheme. Generally, notice requirements are separated between residential projects of 4 units or less, and commercial projects (including “residential” projects of 5 or more units). Notice requirements and deadlines differ depending on which type of project a participant is furnishing labor or material to.

Commercial projects (including “residential” projects of 5 or more units) have relatively straightforward notice requirements. On these projects, all parties who did not contract directly with the property owner and architects, engineers, surveyors, appraisers, landscapers, or abstractors who did contract with the property owner, are required to give notice within 75 days of last furnishing labor or materials to the project. Additionally, if a lien claim is ultimately required, a notice of intent to lien is required to be provided at least 10 days prior to filing the lien claim. These notices are required from all project participants.

Residential projects in Arkansas, on the other hand, have much more confusing notice requirements. On residential projects, a direct contractor is required to provide a Pre-Construction Notice to Owner prior to starting work. If the direct contractor doesn’t provide this notice, not only is that contractor barred from later filing a valid lien claim, s/he is also not allowed to begin any action to enforce any provision of his/her contract with the property owner. Additionally, a contractor who fails to provide the preliminary notice can be fined up to $1000.

A unique aspect of the Arkansas preliminary notice scheme, however, is that 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. The only party required to provide preliminary notice on residential projects is the general contractor, but if no notice is provided on the project, everybody’s lien rights are extinguished. In other words, with respect to sub-tier parties on an Arkansas residential project, at lest one preliminary notice must be given to the property owner, but it doesn’t really matter who it is from. And, if a notice is given by another party, it protects all sub-tier participants’ rights to file a lien, but only protects the labor or material furnished by each sub-tier participant after the notice was given. This means, of course, the only way to guarantee that all labor or material furnished to the project is protected, is for each sub-tier party to provide their own notice prior to work. Additionally, if a lien claim is ultimately required, a notice of intent to lien is required to be provided at least 10 days prior to filing the lien claim. The notice of intent to lien is required from all project participants.

Preliminary Notice Frequently Asked Questions

If you're sending preliminary notices in Arkansas, it's important to understand the rules and requirements in order to make sure your notices are compliant and effective. Since prelims are subject to a lot of complex rules and requirements, this can all be difficult. These are some frequently asked questions about the notice process in Arkansas.

Prelim FAQs on Private Projects

Do I Need to Send an Arkansas Preliminary Notice?

Yes. On a residential project, a contractor is required to provide a Pre-Construction Notice to Owner prior to starting work. While the general contractor’s notice to owner works to the benefit of the subcontractors and material suppliers, his failure to give the required notice affects their lien rights. It is prudent for subcontractors and material suppliers to provide their own Pre-Construction Notice to Owner to safeguard their lien rights. This notice does not need to be filed with a clerk of court.

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.

Separate from the above notice requirements, a potential lien claimant must provide the property owner with a Notice of Intent to Lien.  Read this article for more information:  Are We Required To Deliver A Notice of Intent to Lien Before Filing Our Lien?

When Do I Need to Send an Arkansas Preliminary Notice?

For residential projects, the Pre-Construction Notice to Owner must be given prior to beginning work.

The Notice to Owner and Contractor on a commercial project must be given within 75 days of the date of last providing labor and/or materials to the project.

Notice of Intent to Lien must be given at least 10 days prior to filing a lien.

A breakdown of what notices are required when, and how they function can be found in our blog post: Arkansas Notices: Preliminary? Notice of Intent? Both?

What if I Send the Arkansas Preliminary Notice Late?

If a Pre-Construction Notice to Owner is not provided prior to beginning work on a residential project, the contractor is barred from bringing any action at all to enforce any provision of the contract – all lien rights are extinguished. Further, failure to comply with the statutorily required 10-day notice is likewise fatal to the lien’s validity.

How Should the Arkansas Preliminary Notice be Sent?

A Pre-Construction Notice to Owner may be given by personal delivery, (if the signature of the owner or owner’s agent is obtained), or by certified mail return receipt, (in which case the signature of the owner or agent on the return receipt will suffice).

A Notice to Owner and Contractor, and the 10-day Notice of Intent to Lien, may be given by personal service, by any form of mail addressed to the person to be served with the mail, return receipt requested, restricted delivery, to addressee or agent of addressee, or by any means that provides written, third-party verification of delivery, e.g. overnight delivery service.

Do I Have to Send the Arkansas Preliminary Notice to Someone Other than the Owner?

The Notice to Owner and Contractor must be given to both the Owner and the General Contractor – the other notices must be given to the owner or the owner’s agent.

Is the Arkansas Preliminary Notice Requirement met when sent or delivered?

The preliminary notice is considered delivered when sent, and 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.

Prelim FAQs on Public Projects

Do I Need to Send an Arkansas Preliminary Notice?

No. Arkansas does not require any preliminary notice to preserve a claimant’s right to make a bond claim. It is, however, the claimant’s duty to verify that a bond has been provided on a public project. If the claimant does not check, and no bond was provided, the claimant has no action against the contracting public entity or the individual general contractor. It is unclear if the claimant would have recourse if the no bond was provided, but the claimant did check.

When do I Need to Send a Arkansas Preliminary Notice?

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What if I Send the Arkansas Preliminary Notice Late?

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How Should the Arkansas Preliminary Notice be Sent?

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To Whom Must the Arkansas Preliminary Notice be Given?

N/A

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Recent Questions & Answers
About Arkansas Preliminary Notices

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Arkansas Preliminary Notice Form Template

The Arkansas preliminary notice forms are regulated by statute. And, not only are there different forms and requirements depending on project type, each project may require more than one notice. This doesn’t mean that the form has to look a certain way, but it does mean that the document must contain certain information. The forms provided here for free by Levelset are compliant with the Arkansas rules and requirements. You can download them for free, or use our system to send or request them easily.

Arkansas Pre-Construction Notice to Owner Form - free from

Arkansas Pre-Construction Notice to Owner Form

On residential projects (4 units or less), prime contractors must deliver a Pre-Construction Notice to Owner before work begins on the project. All other parties...

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Arkansas Notice to Owner and Contractor Form - free from

Arkansas Notice to Owner and Contractor Form

Within 75 days of last furnishing labor and/or materials to a project, those unpaid on commercial projects, and residential projections with 5 or more units,...

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