Arkansas Mechanic Lien Laws

For decades, Arkansas has billed itself as the “Land of Opportunity.” Unfortunately, one of those opportunities is also for unscrupulous individuals and organizations to take unfair advantage of you. One good way to protect yourself, if you are a contractor, subcontractor, materials vendor, or lender, is to familiarize yourself with Arkansas Lien Law.

Primary Contractors in Arkansas

Primary contractors are covered by Arkansas Code Annotated Subsection 18-44-101, et seq.

For certain residential projects you must (and for certain commercial projects you should) provide statutory notice (per subsection 18-44-115) before you supply any materials of fixtures. You can incorporate this notice into your contract with the owner. For a Claim of Lien, you must file “a just and true account of the amount due and owing,” along with an affidavit evidencing compliance with notice provisions within one hundred and twenty (120) days of having furnished labor and/or materials. To enforce a lien, action must be commenced (along with the filing of a lis pendens notice) within fifteen (15) months following the filing of the lien.

Sub Contractors in Arkansas

Sub Contractors have their fiduciary interests in a project protected by Arkansas Code Annotated Subsection 18-44-101, et seq.

Notice must be given to owner at least ten days before filing a “just and true account of the amount due and owing.” However, no notice is required if suit is filed within one hundred and twenty (120) days of providing labor and/or materials. You must serve the owner and primary contractor with written Notice of Nonpayment within seventy-five (75) days of the date upon which the labor and/or materials were provided.  For a Claim of Lien, you must file “a just and true account of the amount due and owing,” along with an affidavit evidencing compliance with notice provisions within one hundred and twenty (120) days of having furnished labor and/or materials. For sub contractors to enforce a lien action, the process must start (along with the filing of a lis pendens notice) within fifteen (15) months following the filing of the lien.

Materials Suppliers in Arkansas

Notice must be given to owner at least ten (10) days before filing a “just and true account of the amount due and owing.” However, no notice is required if suit is filed within one hundred and twenty (120) days of providing labor and/or materials.  Suppliers must serve the owner and primary contractor with written Notice of Nonpayment within seventy-five (75) days of the date upon which the labor and/or materials were provided.  For a claim of lien, you must file “a just and true account of the amount due and owing,” along with an affidavit evidencing compliance with notice provisions within one hundred and twenty (120) days of having furnished labor and/or materials. To enforce a lien, action must be commenced (along with the filing of a lis pendens notice) within fifteen (15) months following the filing of the lien.