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Frequently Asked Questions - Arkansas Mechanics Lien

Arkansas Lien Documents are Easy to File with LienItNow.com

What is an Arkansas mechanics' lien Claim?

In Arkansas, liens filed on private property or on funds relating to a public project are known as Mechanic's Liens. When an Arkansas mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.

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Who can file an Arkansas mechanics' lien Claim?

Contractors, as well as subcontractors, design professionals, sub-subcontractors and material suppliers can file an Arkansas mechanics lien. If a company supplies material to a material supplier, they are not eligible to file an Arkansas mechanics lien claim.

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Are pre-notices for an Arkansas mechanics' lien Claim required?

Yes. Ten days prior to the filing of an Arkansas mechanics lien claim, all potential lien claimants must give the owner, or the owner's agent, or both of them a "just and true account of the demand due and owing." 

On 1 to 3 family residential projects, prior to the furnishing of materials or labor, the principal contractor must provide the owner with a formalized notice that materials and labor will be used in the construction of the project and the owner is responsible for payment. The language in the Notice to Owner is statutory, and is recommended for all projects, not just residential projects. 

Suppliers on commercial construction projects must send written notice of non-payment to the general contractor and the owner within 75 days of the date on which the supplies were provided in order to preserve their lien rights.

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Can you file an Arkansas mechanics' lien Claim without a pre-notice?

The ten day pre-notice is required to be served prior to filing a mechanics' lien claim.

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When should an Arkansas mechanics' lien Claim be filed?

Prime contractors, subcontractors, materialmen and design professionals must file a mechanics' lien within 120 days of the last date the claimant provided labor or materials to the project.

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How much does it cost to file an Arkansas mechanics' lien Claim?

LienItNow.com prepares, files and serves Arkansas mechanics' liens (which includes a written notice of intent to claim a lien, if necessary, as well as a verified statement of lien) for a fee of $290.00.  Pre-notices are not included in the $290.00 price, but can be filed for a fee of $50.00.

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Do I need a written contract in order to file an Arkansas Mechanics Lien Claim?

No.  Oral contracts are sufficient if you have sufficient documentation to show the existence of an agreement or that you performed the work for which you are filing an Arkansas mechanics lien claim.

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How does filing an Arkansas mechanics' lien Claim help me get my money?

On a private project, the Arkansas mechanics' lien places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the mechanics lien.

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What is an Arkansas Stop Notice and why should it be filed?

LienItNow.com prepares and serves Arkansas Stop Notices for a fee of $125.00.  A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic's lien.  A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project.  Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim.  The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.

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What is an Arkansas Amendment to a mechanics' lien Claim?

LienItNow.com prepares, files and serves Arkansas Amendments to mechanics' lien Claims for a fee of $250.00.  Amendments to a mechanics' lien claim are often needed when something about the lien claim changes.  Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work.

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When should an Arkansas Discharge of mechanics' lien claim be filed?

LienItNow.com prepares, files and serves Arkansas Discharges of mechanics' lien Claims for a fee of $85.00.  Once the lienor has been paid the amount contained in its lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of mechanics' lien Claim should be filed.

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How much does it cost to file an Arkansas Extension of a mechanics' lien Claim?

LienItNow.com prepares, files and serves extensions of mechanics' lien Claims for a fee of $85.00.  All lien claims expire after a certain period of time, and filing an extension of the mechanics' lien claim prolongs the expiration date.  Arkansas law, however, does not permit an extension of mechanics' lien claims.

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Can I file a Bond Claim on an Arkansas Project?

LienItNow.com prepares, files and serves Arkansas Bond Claims for a fee of $275.00.  Bond claims can only be filed on a project where the owner, contractor or subcontractor has obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project.  The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants' last date of work.  Bond claims are more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed.

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Do I need to file a Pre-Notice to make a claim against an Arkansas payment bond?

LienItNow.com prepares, files and serves Arkansas Pre-Notices for bond claims for a fee of $50.00.  Depending on the terms of the payment bond, pre-notices may or may not be required.  LienItNow.com recommends that, prior to or immediately after starting work or delivering materials to a project, subcontractors and suppliers, file a pre-notice that it is a potential beneficiary of the construction project's bond.

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