Enforcing Construction Liens in Arkansas: Deadlines, Notices, and Legal Requirements

Posted: April 15, 2024

Unfortunately, Arkansas contractors are frequently faced with situations of non-payment for construction work. Construction liens (also known as mechanics’ liens or materialmen’s liens) are one of the most powerful tools available to contractors, subcontractors, and suppliers in Arkansas to secure payment for labor, materials, or services provided to improve real property. However, Arkansas lien law is strict — missing a deadline or notice requirement can make a lien invalid.

This article contains a high-level explanation of the key steps to enforcing a construction lien in Arkansas and how to protect your right to payment.

Please contact any of our featured attorneys on this page if we can assist you with a lien, or submit an inquiry online.

Understanding Construction Liens in Arkansas

A construction lien (also referred to as a materialman's lien) allows unpaid contractors, subcontractors, and material suppliers to place a legal claim on real estate. Arkansas statutes permit every contractor, or material supplier, who supply labor, services, material, fixtures, engines, boilers, or machinery in the construction or repair of real estate to claim a lien against the improvement and up to one (1) acre of land upon which the improvement is situated. These liens are a powerful tool as they can prevent the owner from selling or refinancing the property without satisfying the outstanding debt.

Who Can File a Construction Lien in Arkansas?

Under Arkansas Code Annotated (A.C.A. § 18-44-101 et seq.), the following parties may file a lien:

• General contractors
• Subcontractors
• Material suppliers and vendors
• Laborers providing work directly tied to property improvement

A lien attaches to the improvement itself and up to one (1) acre of land on which the improvement sits.

Steps to Enforcing a Construction Lien in Arkansas

Required Notices Before Filing a Lien

• For residential projects, a statutory form of notice found at A.C.A. § 18-44-115(a) must be provided to the real estate owner before work begins.
• For commercial projects, within 75 days after the labor is supplied or materials furnished, a subcontractor or material supplier must provide notice of non-payment to the real estate owner. The method of delivery and form of this notice is prescribed by statute and must be strictly followed. The notice must contain a general description of the labor, service, or materials furnished, the amount due and unpaid, the name and address of the person furnishing the labor, service, or materials, the name of the person who contracted for purchase of the labor, service, or materials, and a description of the job site sufficient for identification. The notice must also contain certain language found at A.C.A. § 18-44-115(b).
• Before recording a lien, every claimant must serve a 10-day Notice of Intent (NOI) on the property owner (A.C.A. § 18-44-114). This gives the owner a final opportunity to pay before the lien is filed.

Filing the Lien

• The lien must be filed within 120 days from the last date that labor or materials was furnished.
• The lien must be filed with the circuit clerk where the applicable real estate is located.
• The form and content of the lien is prescribed by statute and must be strictly adhered to. Failure to adhere to these formalities may result in the lien being unenforceable. Generally, the lien document should detail the amount owed, contain a proper description of the property subject to the lien, and contain an affidavit verifying that proper notice has been given to the property owner.
• Within 10 days of filing, the claimant should send a notice of the lien to the property owner.

Enforcing the Lien

• To enforce the lien and collect payment, you must file a lawsuit to foreclose on the property within 15 months of filing the lien. Filing a lien does not automatically result in payment.
• If notice was properly served and payment is still not made within 20 days, the court may also award reasonable attorney’s fees.
• Generally, mechanics liens have priority over other liens except for certain tax liens. However, the order in which liens are filed can impact priority. In 2025, the legislature clarified priority where a construction mortgage exists (Act 479 of 2025), so construction-funding mortgages can have priority per the amended A.C.A. § 18-44-110(b).

Get Help With Arkansas Construction Liens

Because the lien process is technical and strict compliance is required, contractors and suppliers should work with an experienced Arkansas construction attorney to preserve their lien rights.

At McDaniel Wolff PLLC, we help contractors, subcontractors, and suppliers navigate Arkansas lien law — from preparing notices to filing and enforcing liens in court. Please contact any of our featured attorneys on this page if we can assist you with a lien, or submit an inquiry online.