Updated Nov 2025 | All statutory references are in accordance to Arkansas Code
Material suppliers use mechanics liens in Arkansas as a strong remedy to non-payment in construction projects. The state has strict preliminary notice requirements prior to filing a valid mechanics lien.
This guide will guide you to ensuring a valid mechanics lien filing in Arkansas.
Before Lien Filing: AR Preliminary Notices
Most Arkansas jobs follow the commercial rules. To preserve lien rights, suppliers generally must send: (1) a Notice to Owner and Contractor and (2) a Notice of Intent to Lien. Missing any required notice wipes out lien rights for the materials it should have covered.
Notice to Owner and Contractor (Commercial Projects)
On commercial projects, suppliers must send a Notice to Owner and Contractor within 75 days of each last delivery. Send it to both the owner (or authorized agent) and the general contractor. If this notice is late or never sent, lien rights are lost for all materials furnished before the date the notice is actually served.
Residential Exception: Pre-Construction Notice (1–4 Units)
For residential projects with 1–4 units, a Pre-Construction Notice to Owner must be served before work begins. The general contractor is legally responsible for sending it, but suppliers should not rely on that. If the GC serves the notice, supplier lien rights are preserved without further action. If the GC does not, a supplier must send the notice before its first delivery or lose lien rights for all earlier materials.
Notice of Intent to Lien
At least 10 days before filing a mechanics lien, the supplier must serve a written Notice of Intent to Lien on the owner stating the amount owed and who owes it. It is prudent to serve this as soon as possible so as to not interfere with the mechanics lien deadline in case you decide to file one. Serve notices by certified mail (return receipt requested), personal delivery, or another method that provides third-party proof of delivery.
Deadline to File a Mechanics Lien in Arkansas
If you have preserved your lien rights by serving the required preliminary notices, the next step if payment still has not been made is to file a mechanics lien. Arkansas gives claimants 120 days from their last delivery to file. Because a Notice of Intent to Lien must be sent at least 10 days before filing, it is important to monitor your dates closely. This section explains each step in the filing process and what you need to prepare before submitting your lien.
How to File a Mechanics Lien in Arkansas
1. Prepare the Arkansas mechanics lien form
Your Arkansas mechanics lien must have the following, according to Arkansas Code:
- A just and true account of the demand due
- An affidavit of notice attached to the lien account
- A correct description of the property to be charged with the lien, verified by affidavit
- The affidavit of notice containing:
o A sworn statement evidencing compliance with the applicable preliminary notice provisions
o A copy of each applicable preliminary notice given
o A copy of the proof of service for the Notice of Intent to Lien
Note that the property description must be a legal property description; a street address will not be considered a correct description. You also need to include the invoice statements to back up the “just and true account” of your demand. Be aware that the Arkansas mechanics lien must also be notarized before filing.
2. File the Arkansas mechanics liens
The Arkansas mechanics lien is filed with the clerk of the circuit court in the county where the property in question is located within 120 days after the last day of work. There is no extension for this deadline. Filing may be done via certified mail or in person.
While serving a copy of the recorded mechanics lien on the property owner is not required for the lien’s validity, it is highly recommended and generally necessary to recover attorney fees if you later enforce the lien, under Arkansas Code § 18-44-128.
3. Enforce/release the mechanics lien
If you receive your payment, you have 10 days to file a release of lien document in the same circuit court where the mechanics lien was recorded. This is a required step according to the Arkansas Code. Failing to fulfill this requirement may subject you to penalties.
If, unfortunately, payment negotiations fall through, the next step is to enforce the Arkansas mechanics lien. Enforcing a mechanics lien means initiating a lawsuit against a property owner, and winning this lawsuit means recovering your payment through the foreclosure sale of the property. The deadline for enforcing a mechanics lien in Arkansas is within 15 months from the date the lien was recorded, as provided in Arkansas Code § 18-44-119. Beyond this 15-month period, the mechanics lien no longer has any hold over the property.