Arkansas Construction Lien Playbook

On residential projects (four units or fewer), give the owner, the owner’s authorized agent, or the owner’s registered agent the exact statutory warning (Attachment A) before you commence work (§§ 18-44-106 and -107 define “owner” and “contractor”). Deliver it personally, send it by certified mail (no signature required), or incorporate it into the signed contract. Given by the contractor before work begins, it covers every later claimant, including subcontractors, laborers, and suppliers. Two exceptions and one limit on that coverage are set out under “Who must give notice” in Part II.

On commercial real estate (any nonresidential property, or residential property with five or more units), serve the owner and the contractor within 75 days of your last labor or materials provided. This notice (commonly called the “75-Day Notice”) must state that you are currently entitled to payment and have not been paid. It describes the labor, service, or materials and the amount due and unpaid, gives your name and address and the name of the person who contracted to purchase them, identifies the job site, and includes the Attachment B language. Subcontractors, service providers, material suppliers, and laborers all owe this notice (see Part II).

Before you file a lien, give the owner at least ten days’ notice, stating that you hold a claim against the improvement, the amount due, and from whom it is due. Keep verified proof of delivery. This notice is required on every project, residential and commercial alike.