Mechanics Lien Filing Package — Arkansas

Mechanics Lien Filing Package (ARKANSAS)

Quick-Reference Summary

Part A — Pre-Lien Notice

A.1 — Residential Pre-Work Notice to Owner — Ark. Code Ann. § 18-44-115(a)(7)

MANDATORY for residential real estate of four (4) or fewer units. Must be delivered by personal delivery or certified mail BEFORE commencement of work. Must be conspicuous, boldface, all capital letters, and worded EXACTLY as set forth below. May be incorporated into the contract.

IMPORTANT NOTICE TO OWNER

I UNDERSTAND THAT EACH CONTRACTOR, SUBCONTRACTOR, LABORER, SUPPLIER, ARCHITECT, ENGINEER, SURVEYOR, APPRAISER, LANDSCAPER, ABSTRACTOR, OR TITLE INSURANCE AGENT SUPPLYING LABOR, SERVICES, MATERIAL, OR FIXTURES IS ENTITLED TO A LIEN AGAINST THE PROPERTY IF NOT PAID IN FULL FOR THE LABOR, SERVICES, MATERIALS, OR FIXTURES USED TO IMPROVE, CONSTRUCT, OR INSURE OR EXAMINE TITLE TO THE PROPERTY EVEN THOUGH THE FULL CONTRACT PRICE MAY HAVE BEEN PAID TO THE CONTRACTOR. I REALIZE THAT THIS LIEN CAN BE ENFORCED BY THE SALE OF THE PROPERTY IF NECESSARY. I AM ALSO AWARE THAT PAYMENT MAY BE WITHHELD TO THE CONTRACTOR IN THE AMOUNT OF THE COST OF ANY SERVICES, FIXTURES, MATERIALS, OR LABOR NOT PAID FOR. I KNOW THAT IT IS ADVISABLE TO, AND I MAY, REQUIRE THE CONTRACTOR TO FURNISH TO ME A TRUE AND CORRECT FULL LIST OF ALL SUPPLIERS AND SERVICE PROVIDERS UNDER THE CONTRACT, AND I MAY CHECK WITH THEM TO DETERMINE IF ALL MATERIALS, LABOR, FIXTURES, AND SERVICES FURNISHED FOR THE PROPERTY HAVE BEEN PAID FOR. I MAY ALSO REQUIRE THE CONTRACTOR TO PRESENT LIEN WAIVERS BY ALL SUPPLIERS AND SERVICE PROVIDERS, STATING THAT THEY HAVE BEEN PAID IN FULL FOR SUPPLIES AND SERVICES PROVIDED UNDER THE CONTRACT, BEFORE I PAY THE CONTRACTOR IN FULL.

Acknowledgment (when delivered personally; not required if delivered by certified mail per § 18-44-115(a)(2)):

Owner Signature: ________________________________ Date: [__/__/____]
Print Name: [________________________________]

A.2 — Commercial Subcontractor 75-Day Notice of Nonpayment — Ark. Code Ann. § 18-44-115(b)

For commercial projects, subcontractors and material suppliers must deliver this Notice to the owner within 75 days after the date the labor or materials were last furnished. Personal delivery or certified mail required.

NOTICE OF NONPAYMENT TO OWNER (Commercial)

TO: [OWNER NAME]
[OWNER ADDRESS]

The undersigned, in compliance with Ark. Code Ann. § 18-44-115(b), notifies you that:

The undersigned hereby provides notice of nonpayment for the work or materials described above. This notice is served as a prerequisite to claiming a lien on the above-described project under Ark. Code Ann. § 18-44-101 et seq.

Date: [__/__/____]

________________________________
[CLAIMANT NAME], [TITLE]

Method of service: ☐ Certified mail — Article No. [_______________] ☐ Personal delivery on [__/__/____]

A.3 — 10-Day Notice of Intent to File Lien Claim — Ark. Code Ann. § 18-44-114

REQUIRED of every claimant before filing a lien. Must be served by personal delivery or certified mail. The claimant must wait at least 10 days from service before filing the Claim of Lien.

NOTICE OF INTENT TO FILE LIEN CLAIM

TO: [OWNER NAME]
[OWNER ADDRESS]

(Pursuant to Ark. Code Ann. § 18-44-114)

You are hereby notified that the undersigned intends to file a Claim of Lien against the real property described below for the unpaid amount of $[__________], representing the value of labor, services, and/or materials furnished by the undersigned for the improvement of the property.

Unless the amount claimed is paid in full within ten (10) days from the date of this notice, the undersigned will record a Claim of Lien with the Circuit Clerk of [_______________] County, Arkansas.

Date: [__/__/____]

________________________________
[CLAIMANT NAME], [TITLE]

Method of service: ☐ Certified mail RRR — Article No. [_______________] ☐ Personal delivery

USPS Proof of Delivery / Affidavit of Service attached.

Part B — Claim of Mechanics Lien

CLAIM AND STATEMENT OF MECHANIC'S AND MATERIALMAN'S LIEN

STATE OF ARKANSAS
COUNTY OF [________________]

Filed with the Circuit Clerk of [_______________] County, Arkansas pursuant to Ark. Code Ann. § 18-44-117.

The undersigned, [CLAIMANT NAME], hereby files this Claim of Lien against the property described below and states:

Statement of Account

(See itemized Statement of Account attached as Exhibit B)

Verification / Affidavit

STATE OF ARKANSAS, COUNTY OF [_______________], ss.

I, [_______________], being duly sworn, depose and state: I am [the Claimant / [TITLE] of Claimant] and am authorized to make this verification. I have read the foregoing Claim of Lien. The amounts and statements therein are true and correct to the best of my knowledge. The amount of $[__________] is justly due and owing the Claimant after allowance of all just credits and offsets. The 10-day Notice of Intent to File Lien Claim required by Ark. Code Ann. § 18-44-114 was duly served on the Owner on [__/__/____] [and the residential pre-work Notice required by Ark. Code Ann. § 18-44-115(a), if applicable, was duly delivered to the Owner on [__/__/____] / and the commercial 75-day Notice of Nonpayment required by Ark. Code Ann. § 18-44-115(b), if applicable, was duly delivered on [__/__/____]].

________________________________
Affiant Signature

Print Name / Title: [________________________________]

Subscribed and sworn to before me on [__/__/____] by [_______________].

________________________________
Notary Public — State of Arkansas
My commission expires: [__/__/____]

[NOTARY SEAL]

Exhibits to be filed with the Claim of Lien:

• Exhibit A — Legal Description
• Exhibit B — Itemized Statement of Account
• Exhibit C — Copy of 10-Day Notice of Intent and USPS Proof of Delivery
• Exhibit D — Copy of residential pre-work Notice or commercial 75-day Notice (if applicable)

Part C — Notice of Filing Lien Claim to Owner — Ark. Code Ann. § 18-44-118

NOTICE TO OWNER OF FILING OF LIEN

[CLAIMANT LETTERHEAD]

Date: [__/__/____]

TO: [OWNER NAME]
[OWNER ADDRESS]

Via Certified Mail, Return Receipt Requested — Article No.: [_______________]

Re: Claim of Lien filed against [PROPERTY ADDRESS]

You are hereby notified that on [__/__/____] the undersigned filed a Claim and Statement of Mechanic's and Materialman's Lien against the above-described property with the Circuit Clerk of [_______________] County, Arkansas, in the amount of $[__________].

A true and correct copy of the filed Claim of Lien is enclosed. The lien is filed pursuant to Ark. Code Ann. §§ 18-44-101 et seq., and is for unpaid labor, services, and/or materials furnished by the undersigned for the improvement of the property.

You are advised that under Ark. Code Ann. § 18-44-119 the undersigned must commence an action to enforce this lien within fifteen (15) months from the date of filing or the lien will be unenforceable. Demand is hereby made for payment of the amount due. Failure to pay may result in a foreclosure action and may also subject the property to attorney's fees recoverable by the undersigned under Arkansas law.

Sincerely,

________________________________
[CLAIMANT NAME], [TITLE]
[CLAIMANT ADDRESS / PHONE / EMAIL]

Enclosure: Filed Claim of Lien with circuit clerk stamp

Part D — Suit to Foreclose — Ark. Code Ann. § 18-44-119

IN THE CIRCUIT COURT OF [_______________] COUNTY, ARKANSAS

[____________] DIVISION

Case No.: [____________]

COMPLAINT FOR FORECLOSURE OF MECHANIC'S AND MATERIALMAN'S LIEN AND FOR BREACH OF CONTRACT

Plaintiff [CLAIMANT NAME], by and through its undersigned counsel, for its Complaint states:

Parties, Jurisdiction, and Venue

1. Plaintiff is a [ENTITY TYPE] with its principal place of business at [_______________].

2. Defendant [OWNER NAME] is, upon information and belief, the record owner of the Property at issue, located in [_______________] County, Arkansas.

3. This Court has jurisdiction under Ark. Code Ann. § 16-13-201 and venue under Ark. Code Ann. § 16-60-101 because the Property is located in [_______________] County.

General Allegations

4. On or about [__/__/____], Plaintiff entered into a [written / oral] contract with [OWNER / GENERAL CONTRACTOR / HIRING PARTY] under which Plaintiff agreed to furnish [DESCRIBE LABOR/MATERIALS] for the improvement of the Property commonly known as [PROPERTY ADDRESS] and legally described as:

[LEGAL DESCRIPTION]

5. Plaintiff began furnishing labor/materials on [__/__/____] and last furnished labor/materials on [__/__/____].

6. The total reasonable value of Plaintiff's labor/materials is $[__________]. Plaintiff has been paid $[__________]. The amount due and unpaid, after allowance of all just credits and offsets, is $[__________].

7. [Residential] On [__/__/____], before commencement of work, Plaintiff delivered to Owner the residential pre-work Notice to Owner required by Ark. Code Ann. § 18-44-115(a)(7), as evidenced by Exhibit A. (Or: The pre-work Notice was incorporated in the contract attached as Exhibit A and complies with § 18-44-115(a)(7).)

8. [Commercial sub] On [__/__/____], within 75 days of last furnishing, Plaintiff served the commercial Notice of Nonpayment required by Ark. Code Ann. § 18-44-115(b), as evidenced by Exhibit B.

9. On [__/__/____], Plaintiff served Owner with the 10-Day Notice of Intent to File Lien Claim required by Ark. Code Ann. § 18-44-114, as evidenced by Exhibit C.

10. On [__/__/____], more than 10 days after service of the Notice of Intent and within 120 days of the date Plaintiff last furnished labor or materials, Plaintiff filed a Claim and Statement of Mechanic's Lien against the Property with the Circuit Clerk of [_______________] County, Arkansas, in the amount of $[__________]. A copy of the filed lien is attached as Exhibit D.

11. On [__/__/____], Plaintiff served Owner with a copy of the filed lien pursuant to Ark. Code Ann. § 18-44-118, as evidenced by Exhibit E.

12. This action is brought within fifteen (15) months of the date of filing the lien, as required by Ark. Code Ann. § 18-44-119.

Count I — Foreclosure of Mechanic's and Materialman's Lien

13. Plaintiff incorporates the preceding paragraphs.

14. Plaintiff is entitled to a valid and enforceable lien on the Property in the amount of $[__________] and to a decree foreclosing that lien, ordering the Property and improvements (together with up to one (1) acre of land per § 18-44-104) sold to satisfy the lien.

Count II — Breach of Contract

15. Plaintiff incorporates the preceding paragraphs.

16. [HIRING PARTY] breached the contract by failing to pay $[__________]. Plaintiff is entitled to judgment in that amount, plus prejudgment interest, costs, and attorney's fees as allowed by Arkansas law.

Count III — Quantum Meruit (alternative)

17. Plaintiff incorporates the preceding paragraphs.

18. The reasonable value of Plaintiff's labor and materials was $[__________], for which Plaintiff has not been paid; equity entitles Plaintiff to recover this amount from [HIRING PARTY / OWNER, as legally appropriate].

Prayer for Relief

WHEREFORE, Plaintiff prays for judgment:

A. Establishing and foreclosing Plaintiff's mechanic's and materialman's lien against the Property in the amount of $[__________], plus interest, costs, and attorney's fees;
B. Ordering sale of the Property and improvements (including up to one acre) to satisfy the lien;
C. Determining priority among all parties claiming an interest in the Property, in accordance with Ark. Code Ann. § 18-44-110 (as amended by Act 479 of 2025);
D. Judgment against [HIRING PARTY] for breach of contract in the amount of $[__________], plus prejudgment interest, costs, and attorney's fees;
E. Costs of suit, prejudgment interest, and reasonable attorney's fees;
F. Such other and further relief as the Court deems just and equitable.

Respectfully submitted,

________________________________
[ATTORNEY NAME], Ark. Bar No. [_____]
[FIRM NAME]
[ADDRESS / PHONE / EMAIL]
Attorney for Plaintiff

[File concurrently: Lis Pendens — Ark. Code Ann. § 16-59-101]

Part E — Pre-Filing Checklist

Project Classification

☐ Determined whether project is residential (4-or-fewer-unit) or commercial
☐ If residential: pre-work Notice to Owner under § 18-44-115(a)(7) DELIVERED BEFORE commencement
☐ If residential: GC retained proof of delivery (signed acknowledgment OR certified-mail receipt)
☐ If commercial sub: 75-day Notice of Nonpayment served within 75 days of last labor/materials (§ 18-44-115(b))

Eligibility

☐ Claimant falls within § 18-44-101 categories (contractor, sub, supplier, laborer, architect/engineer, surveyor, landscaper, abstractor, title agent)
☐ If contractor license required, license is active

10-Day Notice of Intent (All Claimants)

☐ Notice of Intent prepared with all statutory contents
☐ Served by certified mail or personal delivery to owner
☐ USPS Proof of Delivery / affidavit retained
☐ At least 10 days elapsed between service and lien filing
☐ Service date verified within the 120-day window (so post-NoI filing remains timely)

Timing

☐ 120 days from last labor/materials calendared
☐ Lien filed within the 120-day window (§ 18-44-117)
☐ 15-month suit-to-enforce deadline calendared (§ 18-44-119)

Claim of Lien Contents

☐ Claimant identification accurate
☐ Owner of record verified via county assessor / circuit clerk records
☐ Hiring party named
☐ Legal description (not just street address) verified
☐ Itemized statement of account attached
☐ First and last furnishing dates documented
☐ Verification / affidavit notarized
☐ Exhibits attached: legal description, itemized statement, copy of NoI and proof of delivery, copy of § 18-44-115 notice

Filing

☐ Filed with Circuit Clerk of correct county
☐ Recording / filing fee paid
☐ Date-stamped / file-marked copy retained
☐ Within 120-day window confirmed

Post-Filing Owner Notice (§ 18-44-118)

☐ File-marked copy of lien sent to owner within 10 days of filing
☐ Method: ☐ Certified mail RRR ☐ Personal delivery
☐ Affidavit of service prepared

Foreclosure Calendar

☐ 15-month deadline from filing calendared
☐ All parties to be joined identified: owner, hiring party, GC, mortgagees, other lien claimants
☐ Construction mortgage priority issues under Act 479 of 2025 analyzed

Recordkeeping

☐ Contract / proposal / change orders
☐ Invoices / statements / delivery tickets / time sheets
☐ Photographs of work
☐ All correspondence with owner/GC regarding payment
☐ All notices, affidavits of service, and certified-mail receipts
☐ File-marked Claim of Lien from circuit clerk

Sources and References

• Arkansas Code Title 18, Chapter 44 (full text): https://law.justia.com/codes/arkansas/title-18/subtitle-4/chapter-44/
• Ark. Code Ann. § 18-44-114 (Notice of Intent): https://law.justia.com/codes/arkansas/title-18/subtitle-4/chapter-44/subchapter-1/section-18-44-114/
• Ark. Code Ann. § 18-44-115 (Notice to Owner — residential and commercial): https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-44-115/
• Ark. Code Ann. § 18-44-117 (Filing of lien): https://law.justia.com/codes/arkansas/title-18/subtitle-4/chapter-44/subchapter-1/section-18-44-117/
• Ark. Code Ann. § 18-44-119 (Action to enforce): https://law.justia.com/codes/arkansas/title-18/subtitle-4/chapter-44/subchapter-1/section-18-44-119/
• Butler Snow — Deadlines for Mechanics' Liens in Arkansas: https://www.butlersnow.com/news-and-events/deadlines-for-mechanics-liens-and-construction-liens-arkansas-2
• McDaniel Wolff PLLC — Enforcing Arkansas Construction Liens: https://mcdanielwolff.com/construction-liens/
• Arkansas Contractors Licensing Board: https://www.clb.arkansas.gov/
• Act 479 of 2025 (priority of construction mortgages — amended § 18-44-110): https://www.arkleg.state.ar.us/