Time Requirements

AR

ARKANSAS

www.mechanicslien.com

1-800-432-7799

5/13 Pub Date Page 1 of 2

PRIVATE WORKS

RIGHTS AVAILABLE: Mechanic's Lien

FIRST STEP

CLAIMANT

Residential Contractor

Commercial

Construction

PRELIM NOTICE OTHER NOTICES

Preliminary Notice to

Owner : Must furnish the owner a specific acknowledgement notice before furnishing materials or labor, sent by stipulation or certified mail per AR. Code Ann.

Sec. §18-44-115

Failure to give

Preliminary notice results in contractor not being emitted to collect with or without lien.

Notice of Intent to File a Lien Claim: Written notice to owner of intent to file line 10 days before filing lien.

§18-44-114

No notice required Notice of intent to File a Lien Claim: Written notice to owner of intent to file lien 10 days before filing lien.

§18-44-114

LIEN

FILING

AR §18-44-101 et seq.

Verified Statement of

Account and Claim of

Lien : Record lien within

120 days after last performance. §18-18-

117

Verified Statement of

Account and Claim of

Lien : Record lien within

120 days after last performance.

§18-44-117.

SUIT

File suit within 15 months after lien filed.

File suit within 15 months after lien filed.

Subcontractors, Suppliers, and Labor

Residential

Subcontractor,

Materialman

Note: rights available limited to second tier subcontractors and their suppliers, but not lower tiers

Written notice to owner of reservation of right to file lien for materials, before performance.

Subs may give preliminary notice.

Notice of Intent to File a

Lien Claim: Written notice to owner on intent to file lien

10 days before filing lien.

§18-44-114

Verified Statement of

Account and Claim Lien:

Record lien within 120 days after last performance.

File suit within 15 months after lien filed.

Commercial

Construction –

(No notice requirements for liens on railroad property)

Subcontractors,

Suppliers, Architects,

Surveyors, Engineers

Send Notice of Claim to

Owner and Contractor within

75 days of last furnishing.

§18-44-115

Verified Statement of

Account and Claim Lien:

Record lien within 120 days after last performance. (No

Lien filing requirement for liens on railroad property)

File suit within 15 months after lien filed.

(Railroad Property is one year from accrual of claim)

File suit within 15 months after lien filed.18-44-403

Foot*Print Communications, Ltd. 2002 All Rights Reserved.

This information is not intended to serve as legal, accounting or other professional service. This information is used with the understanding that National Lien & Bond Claim Systems (a division of

Network *50, Inc.) is not engaged in rendering legal or other professional advice. If legal advice or other professional assistance is required, the services of a competent professional should be sought.

Legislative changes will be updated from time to time upon reporting. Please call our office to determine if changes have been made since the publication date, which appear on this update.

Time Requirements

AR

ARKANSAS

www.mechanicslien.com

1-800-432-7799

PUBLIC WORKS

RIGHTS AVAILABLE: Suit on Payment Bond - bond minimum 100%;

Contracts over $20,000 *see note 2

5/13 Pub Date Page 2 of 2

AR §18-44-503,504,505,508 et seq.

AR Code §22-9-401 et seq.

CLAIMANT

Subcontractor,

Materialman

PRELIM NOTICE

Not required

FIRST STEP

OTHER NOTICES

Not required

The Statute of Limitation is in question due to amendment to these sections without amendment to ACA 18-

44-508 the traditional 6 month applies.

LIEN

Not Available

PUBLIC WORKS

RIGHTS AVAILABLE: Religious or Charitable Organizations

Suit on Payment Bond - bond minimum 100%; contracts over $1,000.00

FILING

SUIT

File suit within 6 months after final payment on the contract per Ark. Code

Ann. §18-44-508 & 22-9-

403. This time period may be extended to 12 months from the date final payment is made for contracts with the

Arkansas State Building

Services per AR. Code

Ann. Sec. §18-44-503(b).

AR Code §18-44-504(b)

CLAIMANT PRELIM NOTICE OTHER NOTICES LIEN SUIT

Subcontractor,

Materialman

Not required Not required Available for unpaid amount of claim if bond is not filed with County

Recorder of Deeds.

File suit within 6 months from completion.

Notes

1.

2.

Attorneys: If payment not remitted within 20 days of notice, a separate notice for attorney fees allows for inclusion attorney’s fees in the lien.

For public works projects attorney's fees, under certain circumstances, are recoverable upon suit.

Foot*Print Communications, Ltd. 2002 All Rights Reserved.

This information is not intended to serve as legal, accounting or other professional service. This information is used with the understanding that National Lien & Bond Claim Systems (a division of

Network *50, Inc.) is not engaged in rendering legal or other professional advice. If legal advice or other professional assistance is required, the services of a competent professional should be sought.

Legislative changes will be updated from time to time upon reporting. Please call our office to determine if changes have been made since the publication date, which appear on this update.