Updated Nov 2025 | All statutory references are in accordance to Arkansas Code
Arkansas requires specific preliminary notices to be served before filing a valid mechanics lien. Not serving the required notices will result in loss of lien rights, preventing claimants like material suppliers from recovering payments via mechanics liens.
The notices you send and when you send them depend on whether the project is commercial or residential. Most suppliers will follow the commercial process, but residential projects with four or fewer units introduce one extra step that can catch suppliers off guard. Below is a clear breakdown of the requirements to protect your ability to file a mechanics lien in Arkansas.
Preliminary Notices for Arkansas Commercial Projects
Most Arkansas projects you supply fall under the commercial rules. To protect lien rights, a supplier must send two notices.
1. Notice to Owner and Contractor
This is the main preliminary notice for suppliers on commercial jobs. Serve it within 75 days of your last delivery to the project. Send it to both the property owner (or agent) and the general contractor. If this notice is missed, lien rights are lost for all materials furnished before the notice is sent.
The Exception: Pre-Construction Notice to Owner for Residential Projects (4 Units or Fewer)
Residential jobs that involve 1-4 units require suppliers to serve a Pre-Construction Notice to Owner before the start of the project. General contractors are supposed to send this notice, but suppliers cannot rely on them to do it.
Here’s what matters:
- If the GC serves the notice, your lien rights are preserved without sending this notice.
- If the GC fails to serve it, you must send the notice yourself before your first delivery, or you lose lien rights for all materials furnished beforehand.
This is the key difference on residential projects with 1-4 units. The accepted delivery methods are the same as the Notice of Intent to Lien.
Arkansas Pre-Construction Notice to Owner statutory form:
2. Notice of Intent to Lien
Before filing a mechanics lien, you must serve this written notice to the property owner at least 10 days before filing your lien. The notice must state the amount owed and the hiring party that owes it. This notice warns the owner that a lien will be filed if the outstanding amount isn’t paid.
Accepted service methods:
- Certified mail with return receipt. Service is complete when mailed, and proof is the signed receipt or postal record showing refusal or unclaimed; if refused or unclaimed, send a second copy by regular mail and you may proceed with filing.
- Personal delivery by any competent witness, with an affidavit from that person confirming service.
- Service by an authorized officer.
You may deliver the notice to any address where the owner resides, does business, or maintains an office.
Filing Mechanics Liens in Arkansas
After the notice steps are complete, the deadlines align across all project types. A supplier must file the mechanics lien within 120 days of the last date materials were delivered. The lien filing must include an affidavit confirming that the required notices were properly served. File within 120 days of last furnishing and include proof of all notices.If the balance remains unpaid, suppliers then enforce the lien through the courts. File the enforcement action within 15 months of the lien filing.