Construction Liens in Arkansas

Q: What is an Arkansas Construction or Mechanic's Lien?


A:  Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim.
States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. 

Q: Who Can File a Mechanic's Lien in Arkansas?


A:  Arkansas statute permits every contractor, or material supplier, who supplies labor, services, material, fixtures, engines, boilers, or machinery in the construction or repair of an improvement to real estate, by virtue of a contract with the owner, proprietor, contractor, or subcontractor, or agent thereof, to claim a lien against the improvement and up to one (1) acre of land upon which the improvement is situated. A.C.A. § 18-44-101.
Arkansas law permits engineers and surveyors to also claim a lien for the contract price or reasonable price for their services towards the improvements of a piece of property. A.C.A. § 18-44-105.

Q: How Long Does a Party Have to File an Arkansas Construction Lien?


A: One hundred and twenty days (120) from the last date that labor or materials were furnished. A.C.A. §18-44-117.

The original contractor may file his lien at any time, but other parties must give the property owner ten (10) days’ notice (see notice below) prior to filing of a lien claim.
Accompanying this notice must be a affidavit of notice verifying that the notice required in A.C.A. § 18-44-114 - 116 have also been given.
This ten-day provision does not apply if the underlying improvements are part of a direct sale to the property owner. A.C.A. §18-44-114.

Q: What Kind of Notice is required before Filing an Arkansas Construction Lien?


A: Arkansas statute requires that the form notice found in A.C.A. § 18-44-115, be served personally or by certified mail on the owner in order to proceed to claiming a lien. A.C.A. §18-44-115.
Arkansas statute also requires  that a supplier of labor or materials serve on the property owner and contractor by personal service or registered mail  a notice which lists the labor performed, materials provided, names and  address of relevant parties, a description of the property, and the amount due.  Also required is a notice set out in A.C.A. § 18-44-115.  This notice must be  delivered before seventy-five (75) days afterf the last date that material or labor was provided. 

Q: How exactly is an Arkansas Mechanic's Lien Filed?


A: Arkansas law requires a party wishing to claim a lien to file with the clerk of the circuit court of the county in which the improvements are situated.
This filing must be accomplished within one hundred and twenty (120) days of the date labor or materials were provided.
The filing itself is described by statute as "a just and true account of the demand due or owing to him after allowing all credits" along with a correct description of the property, verified by affidavit. A.C.A. §18-44-117.

Q: How long is an Arkansas Materialmen's Lien Valid?


A: In Arkansas, a lien is valid for fifteen (15) months after the date it is filed, unless a lien foreclosure suit is filed within that time. A.C.A. §18-44-119.

DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.