Legal

Arkansas mechanics lien law and deadlines

Arkansas lien claimants must file a lien account with the circuit clerk within 120 days after their last work or materials, after giving the owner 10 days' notice. Residential jobs need a pre-construction notice before work starts, commercial subs and suppliers need a notice within 75 days, and suit must follow within 15 months.

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Arkansas mechanics lien law (Arkansas Code 18-44-101 and following) is a notice-heavy system. Before you can file, you need the right up-front notice for the job type: a pre-construction notice on residential work and a notice within 75 days on commercial work. Then you give the owner 10 days' notice of your intent to file, and file the lien account with the circuit clerk within 120 days after your last work or materials. Suit to enforce must start within 15 months after filing.

Arkansas mechanics lien deadlines at a glance
StepDeadline or ruleStatute
Residential pre-construction notice (4 or fewer units)Residential contractor gives it to the owner before work begins18-44-115(a)
Commercial notice (nonresidential or 5+ units)Subs, suppliers, and laborers notify the owner before 75 days have passed since furnishing18-44-115(b)
Notice of intent to fileAt least 10 days before filing the lien18-44-114
File lien accountWithin 120 days after the last work or materials18-44-117
Where to fileClerk of the circuit court in the county where the improvement is18-44-117
AttachmentsSworn account, legal description verified by affidavit, affidavit of notice with copies of notices and proof of service18-44-117
Suit to enforceWithin 15 months after filing, with a lis pendens18-44-119
Public projectsNo lien; payment bond on contracts over $50,00018-44-503

Who has lien rights in Arkansas

Section 18-44-101 gives contractors, subcontractors, and material suppliers who work under a contract with the owner, contractor, subcontractor, or their agent a lien on the improvement and up to one acre of land. Section 18-44-105 adds a separate lien for architects, engineers, surveyors, appraisers, landscapers, abstractors, and title insurance agents who work under a written agreement with the owner or the owner's agent. Those professionals still have to follow the notice and filing rules in 18-44-114, 18-44-115, and 18-44-117.

Residential jobs: the pre-construction notice

On residential real estate with four or fewer units, no lien can be acquired unless the owner received the notice required by 18-44-115 by personal delivery or certified mail. The residential contractor must give it before work begins, on behalf of all potential lien claimants. It can be in the contract or attached to it, must be conspicuous, in boldface capitals, and begins "IMPORTANT NOTICE TO OWNER." It warns that unpaid suppliers and subs can lien the home even after the owner pays the contractor, and suggests waivers and joint checks.

The stakes are high. A residential contractor who fails to give the notice cannot claim the lien at all. Failing to give it is also a violation under 5-1-108, with a fine of up to $1,000. Any potential claimant can give its own copy, which is smart for subs who cannot confirm the GC sent one. The notice is not required when the contractor provides a performance and payment bond, or on a qualifying direct sale to the owner.

Example: a cabinet shop supplying a $38,000 kitchen remodel through a remodeler. If the remodeler never delivered the owner notice, the cabinet shop has no lien. Ask for a copy of the signed notice before you cut the first box.

Commercial jobs: the 75-day notice

Commercial real estate means nonresidential property and residential property with five or more units. Subcontractors, service providers, material suppliers, and laborers must notify the owner in writing that they are owed, before 75 days have passed from when they supplied the labor or materials. Serve it by an officer, by mail with return receipt requested, or by another method with third-party verification of delivery. It must describe the work and the unpaid amount, your name and address, who hired you, the job site, and include the boldface, all-capitals warning to the owner. This is Arkansas's closest equivalent to a preliminary notice, but it is triggered by nonpayment, so send it on a rolling basis as invoices age.

The 10-day notice and filing the lien

Under 18-44-114, every claimant must give the owner 10 days' notice before filing, stating the amount owed and who owes it. Service can be by an officer, a competent adult witness, restricted-delivery return-receipt mail, or another method with third-party verification. If the owner refuses or does not claim the mail, send a first-class copy right away and proceed.

Then file with the circuit clerk within 120 days after the last work or materials. Since a 2019 amendment (Act 806), the lien account must include a just and true account of the amount due after credits, a correct property description verified by affidavit (a street address alone does not count), and an affidavit of notice attaching each required notice and proof of service. The clerk must refuse a lien account missing those attachments, so assemble the packet before day 110, not day 119.

Enforcement and lien waivers

Section 18-44-119 requires suit within 15 months after filing the lien, prosecuted without unnecessary delay. The lien lapses after 15 months unless suit is filed and a lis pendens recorded in that period.

The Arkansas lien sections covered here do not prescribe mandatory lien waiver forms like the ones Arizona and California use, so the language in each waiver you sign controls. The residential owner notice itself tells homeowners to ask for waivers and use joint checks, so expect residential owners and lenders to request them at each draw. Use conditional waivers until payment clears.

Public projects use payment bonds

Public property cannot be liened. Under 18-44-503, the state, counties, cities, school districts, and other public bodies may not enter a public construction contract over $50,000 unless the contractor furnishes a payment bond equal to the contract amount, covering labor and materials. Notice and suit deadlines for bond claims are set in the same subchapter and the bond itself, so read the bond and confirm timing with the awarding agency or counsel as soon as a payment slips.

Related: Arkansas contractor license requirements and Arkansas prompt payment rules. Smart Business Automator keeps notice dates, aging, and last-delivery dates per job so the 75-day and 120-day windows are visible; see construction accounts receivable automation.

Frequently asked questions

How long do I have to file a mechanics lien in Arkansas?

120 days after the last labor or materials were furnished, filed with the clerk of the circuit court in the county where the property is (18-44-117). Give the owner 10 days' notice first (18-44-114).

What is the Arkansas residential lien notice?

On homes with four or fewer units, the residential contractor must give the owner the "IMPORTANT NOTICE TO OWNER" before work begins, by personal delivery or certified mail. Without it, no lien can be acquired (18-44-115).

Do commercial subcontractors need to send notice in Arkansas?

Yes. On commercial property, subs, suppliers, service providers, and laborers must notify the owner of unpaid amounts before 75 days have passed from when they furnished labor or materials (18-44-115(b)).

How long does an Arkansas lien last?

Suit must be filed within 15 months after filing the lien, and a lis pendens recorded, or the lien lapses (18-44-119).

Can I lien a public project in Arkansas?

No. Public construction contracts over $50,000 require a payment bond equal to the contract amount (18-44-503), and unpaid subs and suppliers claim against that bond.

Sources

  1. Arkansas General Assembly, Act 806 of 2019 (SB 344) amending 18-44-117, filing of lien
  2. Arkansas Code 18-44-101: Lien on improvements (statute text via FindLaw, current as of March 2024)
  3. Arkansas Code 18-44-105: Architects, engineers, surveyors (statute text via FindLaw, current as of March 2024)
  4. Arkansas Code 18-44-114: Notice and service (statute text via FindLaw, current as of March 2024)
  5. Arkansas Code 18-44-115: Residential and commercial notices (statute text via FindLaw, current as of March 2024)
  6. Arkansas Code 18-44-119: Limitation of actions (statute text via FindLaw, current as of March 2024)
  7. Arkansas Code 18-44-503: Public construction payment bonds (statute text via FindLaw, current as of March 2024)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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