Arkansas Notice Requirements

Residential Contractors — Preliminary Notice to Owner (§18-44-115)

Under Arkansas law, residential contractors must furnish a specific Preliminary Notice to the Owner before furnishing any materials or labor on a residential project. This notice must be sent by personal delivery or certified mail as required by AR Code Ann. §18-44-115.

Failure to provide this preliminary notice has severe consequences: the contractor is not entitled to collect payment with or without a mechanic lien. This makes the residential preliminary notice one of the most critical compliance steps in Arkansas construction law.

The notice must be an acknowledgment notice furnished to the owner before any work begins or materials are delivered. Contractors should retain proof of delivery, including certified mail receipts or signed acknowledgments of personal delivery.

Commercial Construction — Notice of Claim (§18-44-115)

For commercial construction projects in Arkansas, claimants must send a Notice of Claim to both the Owner and the Contractor within 75 days of last furnishing labor, services, or materials. This requirement is established under AR Code Ann. §18-44-115.

The 75-day deadline runs from the date of last furnishing, not from the date of first furnishing. Claimants should carefully document their last date of furnishing to ensure compliance with this deadline.

Notice of Intent to File a Mechanic Lien Claim (§18-44-114)

All mechanic lien claimants in Arkansas, whether on residential or commercial projects, must provide a written Notice of Intent to File a Mechanic Lien Claim to the property owner at least 10 days before filing the mechanic lien. This requirement applies to contractors, subcontractors, materialmen, and all other potential mechanic lien claimants under AR Code Ann. §18-44-114.

The 10-day notice must be written and delivered to the owner. This serves as a final warning to the owner that a mechanic lien will be filed if payment is not made, and provides an opportunity for the parties to resolve the dispute before a mechanic lien encumbers the property.

Residential Subcontractors & Materialmen — Reservation of Right Notice

Residential subcontractors and materialmen must provide written notice to the owner of their reservation of right to file a mechanic lien for materials before commencing performance. Subcontractors may also give a preliminary notice to further protect their rights under Arkansas law.

It is important to note that mechanic lien rights for residential subcontractors are limited to second-tier subcontractors and their suppliers. Lower-tier subcontractors and suppliers do not have mechanic lien rights under Arkansas residential construction mechanic lien law.

• Written notice to owner of reservation of right to file mechanic lien must be given before performance begins
• Subcontractors may give preliminary notice to further preserve their rights
• Mechanic Lien rights are limited to second-tier subcontractors and their direct suppliers
• Lower-tier subcontractors and suppliers are excluded from mechanic lien rights on residential projects

Commercial Subcontractors, Suppliers, Architects, Surveyors & Engineers (§18-44-115)

Commercial construction subcontractors, suppliers, architects, surveyors, and engineers must send a Notice of Claim to the Owner and Contractor within 75 days of last furnishing labor, services, or materials under §18-44-115. This is the same notice requirement applicable to commercial prime contractors.

A special exception exists for mechanic liens on railroad property: no notice requirements apply for mechanic liens filed against railroad property. However, the 120-day mechanic lien recording deadline and enforcement timelines still apply, with a shortened one-year suit deadline from accrual of the claim under §18-44-403.

Public Works — No Notice Requirements

On Arkansas public works projects, subcontractors and materialmen are not required to provide any preliminary notice or other notice before pursuing a payment bond claim. The payment bond itself, which must be a minimum of 100% of the contract amount for contracts exceeding $20,000, serves as the primary protection mechanism.

Similarly, for projects involving religious or charitable organizations under §18-44-504(b), where bonds are required for contracts over $1,000, no preliminary notices are required. However, if the required bond is not filed with the County Recorder of Deeds, a mechanic lien may be available for the unpaid amount of the claim.