Arkansas
Preliminary Notice-Private Work
Warning: All information contained within this data base is
subject to change at any time by the various states and is not
guaranteed in any way by Lienwriter.com, LLC. Nor does Lienwriter.com,
LLC. assume any liability or responsibility for it's content.
Please use in conjunction with advice from your attorney.
Note: This information is limited in scope and applies only
to this document. Please see the general information, all forms
memo, and the general information memo for this type of document,
for additional information.
Document Title: Preliminary Notice for Furnishing Labor, Materials
or Equipment.
Scope: State of Arkansas, Private Works.
Time Constraints: The Notice for Furnishing must be served
under the following conditions:
Residential Jobs of 4 units or less: The Notice of Furnishing,
with the information on the owner's lien rights, must be served
PRIOR to the actual furnishing of your labor, materials or equipment;
All other Private Works: The Notice of Furnishing must be served
within 75 days of the final furnishing of your labor, materials
or equipment.
Whether you are required to send a Notice at all depends on
your contractual relationship with the owner:
Direct Contractual Relationship: Must give notice to owners
unless they have supplied performance and payment bonds. We
suggest giving notice anyway.
Relationship via contractor or subcontractor: Must give notice,
especially since Arkansas is one of the states that does not
allow full recovery on the lien unless you file a Notice.
No notice is required for liens on railroad property.
If the notice is not sent by certified mail, it must be signed
by the property owner as proof of delivery.
In any case, it is our recommendation that the second you have
the contract to furnish, mail your preliminary notices immediately.
Warning: Multiple deliveries of materials: A recent Arkansas
Court of Appeals decision declared that multiple deliveries
of materials supplied on an open account where actually multiple
contracts between a material man and his contractor rather than
being a single contract, and so required multiple Notices of
Furnishing, Lien Warning Notices, Liens, etc. It was the court's
ruling that the relationship between the material man and contractor
did not intend a single contract for delivery on the job. In
light of this ruling, we strongly urge you to speak with your
attorney to revise your contracts with Arkansas contractors
to specify that multiple deliveries to a job are under a single
contract, or to make sure to serve a preliminary notice under
the required conditions above for each delivery.
Information Requirements: The information required by program
and whether you intend to send an owner cover letter.
Form Types: Preliminary Notice for Furnishing labor, Materials
or Equipment (this is a statutory form), exhibits A-D (if needed)
and Owner Letter.
Procedures: Enter the program data, including additional Legal
Parties or Releases for Other Companies. Copies of all of the
forms (less the Owner Cover Letter and the Recorder Letter)
must be sent to all legal owners, including husband and wife,
all lenders and all sureties. The form provides for the owner
to acknowledge receipt of said notice and to return a signed
copy to you, so be sure to send each of the owners two copies
and a stamped return envelope. If the owner fails to return
the document you will have to rely on your certified receipt
as proof of delivery, but that should be sufficient.
Sending a copy to the general contractors or your customer
(unless he is the owner, general contractor, lender or surety)
is optional.
When in doubt, file your lien claim immediately.
Important: If you fail to prepare and serve your Preliminary
Notice before furnishing your lien rights revert only to the
unpaid balance due your customer. If they have already been
paid before you furnish, you may find yourself with an uncollectable
bill and no lien rights at all.
Arkansas
Preliminary Notice-Public Work
Warning: All information contained within this data base is subject
to change at any time by the various states and is not guaranteed
in any way by Lienwriter.com, LLC. Nor does Lienwriter.com, LLC.
assume any liability or responsibility for it's content. Please
use in conjunction with advice from your attorney.
Note: This information is limited in scope and applies only to
this document. Please see the general information, all forms memo,
and the general information memo for this type of document, for
additional information.
Description: Notice of Right to Lien and Request for Copy of
Public Bond.
Scope: State of Arkansas, Public Work.
Time Constraints: Send anytime after the start of furnishing.
There is no preliminary notice requirement in the State of Arkansas
for public works, nor may you lien state property. However, it
is one of the states where public entities require a bond on all
public jobs (over $20,000). Since that bond can be liened and
may be your only source of recovery, it is handy to know the facts
of the bond. If you do not have a copy of the surety bond already,
we strongly urge you to send this form. If you do have the information,
you are ready to file your public lien claim.
Contracts executed by the Arkansas State Highway and Transportation
Department are exempt from bond requirements.
Information Requirements: The information required by program.
Form Types: Notice of Right to Lien and Request for Copy of Public
Bond, Exhibits A-D (if needed) and Owner Letter (if used).
Procedures: Enter the program data, including additional Legal
Parties or Releases for Other Companies. Copies of all of the
forms must be sent to all public entities involved.
Important: Obtaining the public bond information, and filing
against that bond, may represent your only chance of recovery
if all public funds have been disbursed. We strongly urge you
to obtain this information if at all possible.
