Arkansas Mechanic’s Lien Rights: A Complete Guide for Subcontractors

In Arkansas, mechanic’s lien rights extend to:

• General (original) contractors
• Subcontractors of any tier
• Laborers
• Material suppliers
• Equipment suppliers
• Design-related professionals—including architects, engineers, surveyors, appraisers, landscapers, abstractors, and title insurance agents—when they have a written contract with the owner or the owner’s agent

Arkansas allows liens for labor, materials, equipment, and certain professional services that “improve” private property. The state interprets “improvement” broadly, ranging from traditional construction and repairs to installation of machinery, fixtures, and even land-drainage systems (Ark. Code § 18-44-101).

Here are examples of what’s considered lienable and what isn’t.

Lienable Work in Arkansas

• Labor performed
• Materials, goods, fixtures, engines, boilers, or machinery furnished
• Equipment or tools provided
• Services rendered in construction, alteration, or repair
• Professional design services (architectural, engineering, surveying, appraisal, landscaping, abstracting, title insurance) under a written agreement
• Drainage tile or pipe installation (expressly included)

Non-Lienable Work in Arkansas

• Work on public property
• Professional design services without a written contract with the owner or agent
• Work or materials provided after termination of the contractual relationship
• Fees, penalties, or damages not directly tied to the construction work
• Work on residential projects (1–4 units) if the Residential Lien Warning Notice was never delivered to the owner

Before filing a lien in Arkansas, ensure that you’ve met any notice requirements that apply to your role—specifically, the 75-day preliminary notice and 10-day Notice of Intent to lien (see table above).

Deadline to File

All claimants—contractors, subs, suppliers, laborers, and design professionals—must file their lien within 120 days after last furnishing labor, materials, services, equipment, or supplies to the project.

Filing Requirements

• Where to file: Circuit clerk’s office in the county where the property is located
• Form requirements: Arkansas has no state-issued form, but a valid lien filing must include:
  • Claimant name and address
  • Owner’s name
  • Name of the person who contracted for the work
  • A just and true account of the amount due (after all credits)
  • A property description sufficient for identification (street address alone is not enough)
  • An affidavit of notice showing compliance with required notices
  • Copies of required notices and proof of service
• Notarization: Yes, the lien filing must include an affidavit, which requires notarization.
• Filing fee: $15.00 for the first page plus $5.00 for each additional page (under Ark. Code § 21-6-306).

Service Requirements

Arkansas law does not require that a recorded mechanic’s lien be sent separately to the property owner or any other party.

Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Arkansas.

Enforcement Requirements

• Enforcement deadline: File a lawsuit to enforce the lien within 15 months after the lien is filed.
• Lis pendens: You must also file a notice of lis pendens within the same 15-month period.
• Filing location: The circuit court in the county where the property is located.
• Lien priority: Mechanic’s liens generally relate back to the time construction first started on a project, not when a lien was recorded. For the most part, all lien claimants share the same level of priority and are typically paid ahead of later recorded mortgages or liens.

Lien Release Requirements

Once the lien is satisfied, the claimant must file a written release of satisfaction with the circuit clerk in the county where the lien was recorded. Failing to clear a paid lien can lead to potential liability.