Arkansas Mechanic Lien Deadlines

120-Day Mechanic Lien Recording Deadline (§18-44-117)

Under Arkansas law, all mechanic lien claimants must record a Verified Statement of Account and Claim of Mechanic Lien within 120 days after the date of last performance of labor, services, or furnishing of materials. This 120-day deadline applies to both residential and commercial construction projects under AR Code Ann. §18-44-117.

The 120-day period begins to run from the claimant's last date of furnishing labor or materials to the project. It is critical to accurately determine and document the last date of furnishing to ensure the mechanic lien is recorded within the statutory period.

Failure to record the mechanic lien within 120 days of last performance results in the complete loss of mechanic lien rights. There are no extensions or exceptions to this deadline under Arkansas law.

Verified Statement of Account and Claim of Mechanic Lien

The mechanic lien document that must be recorded in Arkansas is the Verified Statement of Account and Claim of Mechanic Lien. This document must be verified, meaning it must be sworn to under oath. The statement must contain an accurate account of the amounts owed for labor, services, or materials furnished to the project.

The Verified Statement should include the following information:

• The name and address of the mechanic lien claimant
• The name and address of the property owner
• A description of the real property upon which the mechanic lien is claimed
• The amount claimed to be due and owing
• A description of the labor, services, or materials furnished
• The dates of first and last furnishing

Recording Location and Procedures

The Verified Statement of Account and Claim of Mechanic Lien must be recorded in the office of the circuit clerk of the county in which the improved property is located. If the property spans multiple counties, the mechanic lien should be recorded in each county where a portion of the property is situated.

Claimants should retain a file-stamped copy of the recorded mechanic lien as proof of timely filing. Recording fees vary by county and should be confirmed with the relevant circuit clerk's office before filing.

Railroad Property — Special Mechanic Lien Rules (§18-44-403)

Arkansas provides a special exception for mechanic liens on railroad property. There is no mechanic lien filing requirement for mechanic liens on railroad property. However, all other notice requirements still apply, and the enforcement deadline for railroad property mechanic liens is shortened to one year from the accrual of the claim under AR Code Ann. §18-44-403.

This exception reflects the unique nature of railroad improvements and the federal regulatory framework that governs railroad property interests.

Attorneys' Fees and the 20-Day Payment Notice

Under Arkansas law, if payment is not remitted within 20 days of notice, attorneys' fees are recoverable as part of the mechanic lien claim. A separate notice for attorney fees allows for the inclusion of attorneys' fees in the mechanic lien amount.

This provision incentivizes prompt payment and provides mechanic lien claimants with additional recovery beyond the principal amount owed. Claimants should ensure they provide proper notice of the attorney fee claim to preserve this right.