It’s not always easy to receive the gold you’ve earned in the Natural State. Arkansas, like all other states, has mechanics lien laws to help construction workers and suppliers like you get paid. Like all other states, Arkansas mechanics lien and Arkansas construction lien laws are also confusing and complicated. So you need to know how the law works to be able to properly file a Arkansas lien and protect your right to be paid. Here are 5 things you need to know about the Arkansas lien laws as reported to NLB busy our network of Arkansas construction attorneys and Arkansas construction lawyers to successfully file your next lien.
WHO CAN FILE A ARKANSAS MECHANICS LIEN
Generally, every state has laws that limit who can file a mechanics lien and a payment bond claim, and Arkansas liens are not the same to perfect. You need to know how and when to take the required steps. The pre-lien or preliminary notice requirements are different for each state on Private, Public, and Federal Projects. When you send the notice to the owner, preliminary notice, or pre-lien notices are also different for a supplier, sub, GC, or design professional.
SCHEDULE A NO-COST INITIAL CALL WITH NLB’S GENERAL COUNSEL TO GET STARTED
National Lien & Bond professional lien providers and Arkansas construction lawyers have helped subs and suppliers get paid on over 26,000 projects since 1986. NLB is here to help you learn what steps you need to take and when to send a notice or lien to secure your job funds on every project.
When you download a summary that may not be current or the deadlines and steps are confusing to follow. NLB offers every sub and supplier the ability to get answers you need to get paid!
You are invited to set up an appointment with general counsel to discuss the details of how and when to take the steps you need to get paid on every project Click Here.
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NOTICE OF RIGHT TO LIEN
Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic’s lien, often referred to as the “Preliminary Notice”. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor. If the owner obtained a loan to fund the project, you must also serve the notice to the construction lender. The Preliminary Notice timing shown is not always mandatory but will afford maximum protection for liens.
This notice may be served when you begin supplying materials to the project. If you miss the statutory date, you may in some states still serve the notice to capture remaining funds as state law typically bit not always provides. Notice (Statutory Form) to owner, contractor, construction lender & person with whom the claimant has contracted within a date certain from the time you began work, or in some times before you start and in others when you completed work.
The notice may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you need to provide proof of this service by affidavit and proof of mail delivery. The notice typically includes a description of the work or goods you will provide, the estimated total price of the work or goods you will provide, and the statutorily required statement.
PREPARING THE ARKANSAS MECHANICS LIEN
Every mechanics lien typically must contain the owner’s name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed. The lien may also include other statutorily required statements and best practices require a lien to be prepared by a lawyer in the project state.
FILING AND SERVING THE ARKANSAS MECHANICS LIEN
According to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder’s office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you may in several states need to provide proof of this service by affidavit and proof of mail delivery.
FINAL THOUGHTS
Even if circumstances change, it is never too late to start a dialogue with the owner and GC Click Here to set up an appointment with general counsel to discuss the details of your initial consultation. If you properly perfected all the required steps you can likely start a foreclose action on the lien, sue the surety on a bond or sue for collection and other remedies. Property owners and competing creditors may try to block your path, but if you followed the law, you will have placed yourself in a strong secured position against your adversaries. To learn how to secure all your receivables Click Here to set up an appointment with general counsel to discuss the details of securing your company’s entire receivables on private public and federal construction projects both in the USA or around the world.
Frequently Asked Questions
Does Arkansas require a preliminary notice before filing a mechanics lien?
Yes — under Ark. Code § 18-44-115, sub-tier claimants must serve a PRE-LIEN NOTICE on the property owner within 75 DAYS after the date the claimant last furnished labor or materials to the project. The notice must be served by certified mail. Direct contractors in privity with the owner are exempt. Failure to serve the pre-lien notice within 75 days permanently bars lien rights — Arkansas's 75-day window is one of the longer pre-lien notice deadlines in the U.S. but is still strict.
What is the deadline to file an Arkansas mechanics lien?
Under Ark. Code § 18-44-117, the Claim of Lien must be filed with the circuit clerk in the county where the property is located within 120 DAYS after the date the claimant last furnished labor or materials to the project. The 120-day deadline runs from LAST furnishing, not from project completion. Missing the deadline permanently bars the lien. The 120-day window is longer than California's 90 days or Florida's 90 days but shorter than New York's 4-month single-family residential window.
What is the deadline to file an Arkansas mechanics lien foreclosure suit?
Under Ark. Code § 18-44-119, the foreclosure action on an Arkansas mechanics lien must be commenced in circuit court within 15 MONTHS after the date the claimant last furnished labor or materials. The 15-month foreclosure window provides extensive settlement runway — among the longer deadlines in the U.S. However, 15 months is still a strict statute of limitations that cannot be tolled. Failure to file within 15 months extinguishes the lien.
Are attorney's fees recoverable on Arkansas mechanics lien claims?
Yes — Ark. Code § 18-44-128 provides that prevailing claimants on Arkansas mechanics lien actions may recover reasonable attorney's fees and costs. This is one of the stronger fee-shifting provisions in the Southeast and creates significant settlement leverage for properly-documented liens. The fee-shifting applies to both claimants and owners — frivolous lien claims expose the claimant to fee liability. Combined with the 15-month foreclosure window, Arkansas is one of the more claimant-friendly states procedurally.
What contents are required on an Arkansas Claim of Lien?
Under Ark. Code § 18-44-117, the Claim of Lien must contain: (1) a verified statement of the claim; (2) the name of the owner or reputed owner; (3) the name of the party who employed or hired the claimant; (4) a description of the property sufficient for identification; (5) the dates of first and last furnishing; (6) a description of the labor or materials furnished; (7) the amount claimed after credits. Verification (sworn affidavit) is mandatory — unsworn statements are unenforceable.
What is the difference between Arkansas 'major' and 'minor' construction liens?
Arkansas distinguishes between: (1) MAJOR CONSTRUCTION — commercial and large-scale projects with separate filing and notice rules under § 18-44-117; (2) MINOR CONSTRUCTION — small residential projects under § 18-44-129 with simplified procedures. The major/minor distinction affects which procedural rules apply, the notice timing, and the fee-shifting availability. Verify project classification with Arkansas construction-payment counsel before relying on either set of rules.
How does National Lien & Bond help with Arkansas mechanics liens?
National Lien & Bond files Arkansas mechanics liens for unpaid contractors, subcontractors, suppliers, and equipment lessors. For Illinois-based engagements, Hal Emalfarb's firm at Emalfarb Swan and Bain handles strategic coordination. For Arkansas-jurisdiction matters, NLB connects unpaid contractors with vetted Arkansas construction-payment attorneys who handle the 75-day pre-lien notice service under § 18-44-115, the 120-day Claim of Lien filing under § 18-44-117, and the 15-month foreclosure suit under § 18-44-119. NLB's 50-state deadline-tracking system prevents the missed-deadline forfeitures that cause most Arkansas lien losses. Contact NLB for a free initial consultation.