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.
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.
Open the Mechanics Lien guideCustomize your Mechanics Lien Template with DocDraft
Arkansas Requirements for Mechanics Lien
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.
Frequently Asked Questions
A mechanics lien in Arkansas is a claim an unpaid contractor, subcontractor, materialman, or laborer files against the property they improved. Filed with the circuit clerk, it attaches to the real estate and clouds the title, so the owner cannot easily sell or refinance, and it can be foreclosed by court order. Arkansas's lien law is in Code Title 18, Chapter 44.
Contractors, subcontractors, materialmen, and laborers who furnished labor or materials to improve real property and were not paid can file. On a residential project of four or fewer units, the path runs through the residential contractor, who must deliver the statutory pre-construction notice before work starts so that lien rights are preserved for everyone.
You must file the lien with the circuit clerk of the county where the property sits within 120 days after the work or labor is done or the materials are furnished, under section 18-44-117. That 120-day window is the same for contractors, subcontractors, and material suppliers, and it runs from your last furnishing on the job.
It depends on the project. On residential real estate of four or fewer units, section 18-44-115 requires the residential contractor to give the owner a pre-construction notice before work begins, and without it no lien can be acquired. Separately, every claimant must give the owner 10 days' notice before actually filing the lien, under sections 18-44-114 and 18-44-117.
You must commence a suit to enforce the lien within 15 months after you file it, under section 18-44-119. No lien continues past that 15-month mark. This enforcement window is longer than in many states, but the clock still runs from the filing date, so calendar it as soon as the lien is filed with the circuit clerk.
Missing the pre-construction notice, the 10-day notice, the 120-day filing deadline, or the 15-month enforcement window generally means the lien is lost, because Arkansas applies these steps strictly. You may still sue the party who hired you for the debt, though a residential contractor who skipped the pre-construction notice can be barred even from that.
On a home of four or fewer units, Arkansas ties everything to the pre-construction notice. Under section 18-44-115 no lien can be acquired unless the owner received it, and a residential contractor who fails to give it is barred from any action to enforce the residential contract, including a quantum meruit claim. This makes the notice essential on residential jobs.
When the debt is paid, the claimant should file a release with the circuit clerk so the title is clear. A lien also expires if no enforcement action is filed within 15 months of filing. An owner who believes a lien is invalid can challenge it in court to have it removed and the title cleared.