Arkansas Construction Lien Guide
Arkansas mechanics lien law is governed by Ark. Code Ann. §§ 18-44-101 through 18-44-135.
If you provide labor, materials, equipment, or professional services that improve real property in Arkansas and are not paid, lien rights are available, but only if statutory notice and service rules are strictly followed.
Arkansas distinguishes sharply between residential and commercial projects.
Keep in mind that Arkansas Mechanics Lien, Construction Lien and Claim of Lien can be used interchangeably.
LET’S LEARN THE BASICS OF ARKANSAS CONSTRUCTION LIENS
⭐ Who Can File a Mechanics Lien in Arkansas?
Arkansas grants lien rights to:
General contractors
Subcontractors
Sub-subcontractors
Material suppliers
Laborers
Equipment rental companies
Architects, engineers, surveyors, and other design professionals
⭐ Arkansas Lien Deadlines (Critical)
LIEN IT OR LOSE IT!
All Arkansas mechanics lien deadlines are calculated from the claimant’s last date of furnishing labor, materials, equipment, or professional services to the project. This date is critical because it controls when required notices must be sent, when the lien must be filed, and when enforcement must begin.
Deadline #1 — Serve the Arkansas 10-Day Notice to Owner (Residential Projects)
In Arkansas, contractors who do not have a direct contract with the owner must send 10-Day Notice to Owner before filing an Arkansas Construction Lien.
Deadline #2 — Prepare the Arkansas Mechanics Lien
An Arkansas mechanics lien must be recorded:
Within 120 days after last furnishing
Make sure your Arkansas Lien includes the following documents:
Claimant’s legal name and address
Property owner’s name
Hiring party’s name
Legal property description
Description of labor, materials, or services
Amount claimed as unpaid
Date of last furnishing
Claimant’s signature and verification
The lien is filed with the Circuit Clerk in the county where the property is located. Missing this deadline results in a complete loss of lien rights.
Deadline #3 — Serve the Arkansas Mechanics Lien
In Arkansas, recording the mechanics lien is not the final step. Arkansas law requires the lien claimant to serve a copy of the recorded lien on the property owner within five (5) days after the lien is filed.
Service must be completed using a legally acceptable method, such as certified mail with return receipt requested or personal service, and the claimant should retain written proof of service.
Deadline #4 — Enforce the Arkansas Mechanics Lien
If you remain unpaid, you must enforce the Arkansas Mechanics Lien by filing a foreclosure lawsuit:
Within 15 months after the lien is filed
If enforcement is not commenced within this period, the lien expires automatically.
BEFORE YOU CAN FILE AN ARKANSAS CONSTRUCTION LIEN, YOU MUST UNDERSTAND WHETHER A 10-DAY NOTICE TO OWNER IS REQUIRED. THE 10-DAY NOTICES PROTECT YOUR LIEN RIGHTS AND IS MANDATORY FOR MOST SUBCONTRACTORS AND SUPPLIERS.
⭐Arkansas Residential Projects — 10-Day Notice to Owner (Mandatory)
On residential construction projects, Arkansas law places added protections on homeowners to prevent surprise liens. As a result, certain lien claimants must give the homeowner advance written noticebefore a mechanics lien can be recorded.
Who Must Send Arkansas 10-Day Notice to Owner
Any lien claimant without a direct contract with the homeowner must serve this notice, including subcontractors, material suppliers, and design professionals. These parties are often unknown to the homeowner, which is why the law requires early disclosure of their involvement and potential lien rights.
Who Does NOT Need to Send Arkansas 10-Day Notice to Owner
Contractors who contracted directly with the homeowner are not required to send this notice, because the homeowner already has direct knowledge of their role and payment obligations.
When should you serve the Arkansas 10-Day Notice to Owner
The Notice to Owner must be served at least 10 days before filing the mechanics lien
This notice is intended to give the homeowner a final opportunity to resolve paymentand avoid a lien being placed on their property.