Pre-Construction Notice to Owner / Notice to Owner and Contractor - Arkansas

ARKANSAS RESIDENTIAL PRE-CONSTRUCTION NOTICE TO OWNER

Ark. Code Ann. § 18-44-115(a)

Use this notice only for residential real estate containing four or fewer units. The residential contractor must give the notice to the owner, the owner's authorized agent, or the owner's registered agent on behalf of all potential lien claimants before work begins. A potential lien claimant may also give the notice, but timing affects which later-furnished labor, material, and services may be covered.

Delivery must be by personal delivery or certified mail. An owner signature is not required when the notice is delivered by certified mail.

The statutory notice may be incorporated into or affixed to the contract. It must be conspicuous, in boldface type, worded exactly as stated, and in all capital letters.

Project Record

Owner: [________________________________]

Owner's authorized or registered agent, if used: [________________________________]

Residential contractor: [________________________________]

Property address: [________________________________]

Expected commencement date: [__/__/____]

Notice delivery date: [__/__/____]

Statutory Notice

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. IF A SUPPLIER OR OTHER SERVICE PROVIDER HAS NOT BEEN PAID, I MAY PAY THE SUPPLIER OR OTHER SERVICE PROVIDER AND CONTRACTOR WITH A CHECK MADE PAYABLE TO THEM JOINTLY.

SIGNED: ____________________________________

ADDRESS OF PROPERTY: [________________________________]

DATE: [__/__/____]

Delivery Record

Recipient: [________________________________]

Recipient capacity: ☐ Owner ☐ Authorized agent ☐ Registered agent

Method: ☐ Personal delivery ☐ Certified mail

Delivery or mailing date: [__/__/____]

Certified-mail article number, if applicable: [________________________________]

Proof retained: [________________________________]

Final Check

☐ Property contains four or fewer residential units

☐ Current § 18-44-115(a) applicability and exceptions reviewed by Arkansas counsel

☐ Notice text reproduced in all capital letters, boldface, and without alteration

☐ Property address completed

☐ Signature and date lines completed as applicable to the selected delivery method

☐ Delivered before commencement of work when given by the residential contractor

☐ Delivered personally or by certified mail

☐ Proof of delivery retained

☐ Separate § 18-44-114 ten-day notice calendared if a lien may later be filed

Official Sources

• Arkansas Department of Labor and Licensing — Important Notice Instructions and statutory form
• Act 454 of 2009 — official Arkansas General Assembly text
• Act 984 of 2021 — current residential-contractor consequence in § 18-44-115(a)(4)