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
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
Can File a Mechanic's Lien in Arkansas?
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.
Long Does a Party Have to File an Arkansas Construction Lien?
One hundred and twenty days (120) from the last date that labor or materials were
furnished. A.C.A. §18-44-117.
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?
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?
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?
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.
This site and any information contained herein is intended for informational
purposes only and should not be construed as legal advice.