Arkansas Mechanics Lien
File an Arkansas mechanics lien to secure payment for construction work. File the lien with the circuit clerk within 120 days, then enforce it within 15 months.
Introduction
An Arkansas mechanics lien is a legal claim filed against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once filed with the circuit clerk, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale. That security is what gives the lien its leverage, and Arkansas grants it under Code Title 18, Chapter 44. On homes of four or fewer units, the residential contractor must give the owner a pre-construction notice before work begins, or no lien can be acquired. Before filing, every claimant must give the owner 10 days' notice. You then file the lien within 120 days after the work is done or the materials are furnished, and you must bring suit to enforce it within 15 months after filing. DocDraft prepares an Arkansas mechanics lien and its notices from your project details, and attorney review is available before you file.
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Key Things to Know
- 1
An Arkansas mechanics lien secures payment against the improved property. Contractors, subcontractors, materialmen, and laborers who furnished work or materials and were not paid can claim one under Code of Arkansas sections 18-44-101 and following.
- 2
On residential real estate of four or fewer units, the residential contractor must give the owner the statutory pre-construction notice before work begins. Under section 18-44-115 no lien may be acquired on that home without it.
- 3
Every claimant must give the owner 10 days' notice before filing the lien. Under sections 18-44-114 and 18-44-117 the notice states that you hold a claim, the amount, and from whom it is due.
- 4
File the lien with the circuit clerk within 120 days after the work or labor is done or the materials are furnished, under section 18-44-117. The same 120-day window applies to contractors, subcontractors, and materialmen.
- 5
Filing is not the last step. Section 18-44-119 requires you to commence an action to enforce the lien within 15 months after filing it, and no lien continues beyond that period.
- 6
Arkansas reads these rules strictly. Missing the residential pre-construction notice, the 10-day notice, the 120-day filing window, or the 15-month deadline to sue generally forfeits the lien, though a contract claim for the debt may remain.
- 7
The residential notice carries a sharp penalty. If a residential contractor fails to give the pre-construction notice on a home of four or fewer units, section 18-44-115 bars the contractor from any action, even quantum meruit, to enforce the residential contract.
Key decisions before you file
Before you file a Mechanics Lien in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
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Arkansas Requirements for Mechanics Lien
Arkansas Filing Deadline and Office
File the Arkansas mechanics lien in the correct office, a county recorder or court as Arkansas requires, within the state's deadline after you last furnish labor or materials. Arkansas applies the deadline strictly, so filing late or in the wrong office can void the lien.