Arkansas Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under AR Code Ann. §18-44-101 et seq. — Private Works, Public Works & Payment Bond Claims
Arkansas mechanic lien deadline table with toggles for project type and claimant type.
Arkansas Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
On residential projects of four units or fewer, the residential contractor must deliver a Pre-Construction Notice to Owner before commencing work. If no party gives this notice on the project, no one on the job can acquire a lien.
On commercial projects, no Pre-Construction Notice to Owner is required from the prime contractor.
All claimants, including the prime, must serve a Notice of Intent to Lien on the owner at least 10 days before filing the lien.
File the Statement of Account and Claim of Lien with the circuit clerk of the county where the property is located within 120 days after last furnishing labor or materials. Serve the Notice of Intent to Lien at least 10 days before filing.
Commence suit to enforce the mechanic lien within 15 months after the lien was filed. Missing this deadline extinguishes the lien.
Preliminary Notice
On residential projects of four units or fewer, the residential contractor must deliver a Pre-Construction Notice to Owner before commencing work. If no party gives this notice on the project, no one on the job can acquire a lien.
On commercial projects, no Pre-Construction Notice to Owner is required from the prime contractor.
All claimants, including the prime, must serve a Notice of Intent to Lien on the owner at least 10 days before filing the lien.
Mechanic Lien
File the Statement of Account and Claim of Lien with the circuit clerk of the county where the property is located within 120 days after last furnishing labor or materials. Serve the Notice of Intent to Lien at least 10 days before filing.
Enforcement
Commence suit to enforce the mechanic lien within 15 months after the lien was filed. Missing this deadline extinguishes the lien.
Arkansas Mechanic Lien Law Overview
Arkansas construction mechanic lien rights are governed by AR Code Ann. §18-44-101 et seq. This statutory framework protects the payment rights of contractors, subcontractors, materialmen, architects, surveyors, engineers, and suppliers who furnish labor, services, or materials for the improvement of real property in the State of Arkansas.
Arkansas distinguishes between residential and commercial construction for purposes of preliminary notice requirements. Residential contractors must furnish a Preliminary Notice to the Owner before furnishing materials or labor under §18-44-115, while commercial construction claimants must send a Notice of Claim to the Owner and Contractor within 75 days of last furnishing. All mechanic lien claimants must provide a written Notice of Intent to File a Mechanic Lien Claim to the owner at least 10 days before filing the mechanic lien under §18-44-114.
For private works, the Verified Statement of Account and Claim of Mechanic Lien must be recorded within 120 days after last performance under §18-44-117. Suit to enforce the mechanic lien must be commenced within 15 months after the mechanic lien is filed. Mechanic Lien rights for residential subcontractors are limited to second-tier subcontractors and their suppliers; lower tiers do not have mechanic lien rights.
For public works, Arkansas requires a payment bond of at least 100% on contracts exceeding $20,000. Subcontractors and materialmen are not required to provide preliminary notices on public projects. Suit on the payment bond must generally be filed within 6 months after final payment under §18-44-508, or within 1 year under §22-9-403, with potential extension to 12 months for Arkansas State Building Services contracts under §18-44-503(b).
National Lien & Bond provides authoritative guidance on every aspect of Arkansas construction mechanic lien compliance, from preliminary notice obligations through mechanic lien recording, payment bond claims, and enforcement proceedings.
Topics on This Page
Arkansas Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Arkansas construction mechanic lien law.
Notice Requirements
Preliminary notice obligations for residential and commercial private works, subcontractor notices, and public works bond claim requirements under Arkansas law
Mechanic Lien Deadlines
Mechanic Lien recording requirements, 120-day filing deadline, Verified Statement of Account, and mechanic lien amount limitations under AR Code Ann. §18-44-117
Mechanic Lien Enforcement Deadlines
Foreclosure deadlines, 15-month suit limitation, payment bond claim timelines, and public works enforcement under Arkansas law
Frequently Asked Questions
What are the key mechanic lien deadlines in Arkansas?
Arkansas requires recording a Verified Statement of Account and Claim of Mechanic Lien within 120 days after last performance under §18-44-117. A Notice of Intent to File a Mechanic Lien Claim must be given to the owner at least 10 days before filing under §18-44-114. Suit to enforce the mechanic lien must be filed within 15 months after recording.
What preliminary notice is required for residential construction in Arkansas?
Residential contractors must furnish a Preliminary Notice to the Owner before furnishing any materials or labor, sent by personal delivery or certified mail under AR Code Ann. §18-44-115. Failure to provide this notice means the contractor cannot collect payment with or without a mechanic lien.
How are Arkansas public works payment bond claims different from private mechanic lien claims?
On public works projects, no preliminary notices are required. A payment bond of at least 100% is required for contracts over $20,000. Suit must generally be filed within 6 months after final payment under §18-44-508 or within 1 year under §22-9-403. No mechanic lien can be filed against public property.
Are subcontractor mechanic lien rights limited in Arkansas?
Yes. On residential projects, mechanic lien rights are limited to second-tier subcontractors and their suppliers. Lower-tier subcontractors and suppliers do not have mechanic lien rights. On commercial projects, subcontractors, suppliers, architects, surveyors, and engineers may claim mechanic liens by sending a Notice of Claim within 75 days of last furnishing.
What special rules apply to railroad property mechanic liens in Arkansas?
Under §18-44-403, no notice requirements apply for mechanic liens on railroad property, and there is no mechanic lien filing requirement. However, the enforcement deadline is shortened to one year from the accrual of the claim, compared to the standard 15-month deadline for other private works.
Can I recover attorneys' fees in an Arkansas construction mechanic lien dispute?
Yes. If payment is not remitted within 20 days of notice, attorneys' fees are recoverable and may be included in the mechanic lien amount. For public works projects, attorneys' fees may be recoverable under certain circumstances. A separate notice for attorney fees should be provided to preserve this right.