Arkansas Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Arkansas liens are filed and enforced
A Arkansas mechanics lien is filed with the Circuit Clerk (County Recorder) in the county where the project sits — 120 days from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Arkansas claimants lose rights far more often by missing the second one than the first.
Arkansas deadlines by claimant role
For subcontractors and suppliers: Notice to Owner — 75 days from first furnishing (Ark. Code Ann. § 18-44-115); Record the lien — 120 days from last furnishing (Ark. Code Ann. § 18-44-117); file suit — 15 months from lien recorded (Ark. Code Ann. § 18-44-119); bond notice — 90 days from last furnishing (Ark. Code Ann. § 22-9-401); file suit — 1 years from last furnishing (Ark. Code Ann. § 22-9-401); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)). For general contractors: Record the lien — 120 days from last furnishing (Ark. Code Ann. § 18-44-117). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Arkansas
Sub/supplier on residential projects must serve written notice on owner within 75 days of first furnishing to preserve lien rights. Prime must file lien within 120 days of last furnishing of labor or materials. File lien within 120 days of last furnishing. Residential owner-occupied: 75 days. File suit to enforce lien within 15 months of last furnishing. Written notice within 90 days of last furnishing on public works projects. File suit on payment bond within 1 year of last furnishing. Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year.
How Arkansas notices must be served
Arkansas requires 75 days — Notice to Owner. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested. Service runs to the Owner. Keep the proof of service in the project file — Arkansas disputes over whether a notice was properly served are decided on that documentation.
Public projects in Arkansas
No lien attaches to public property in Arkansas. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Prime Contractor and Surety (Ark. Code Ann. § 22-9-401). 4 public-project deadlines are tracked for Arkansas.
Arkansas statute citations
The Arkansas deadlines above come from Ark. Code Ann. § 18-44-115, Ark. Code Ann. § 18-44-117, Ark. Code Ann. § 18-44-119, Ark. Code Ann. § 22-9-401, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Ark. Code Ann. § 19-11-227, Ark. Code Ann. § 22-9-210. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Arkansas construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Arkansas?
120 days — From last date of furnishing. The filing goes to the Circuit Clerk (County Recorder) in the project's county. See Ark. Code Ann. § 18-44-117. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Arkansas?
With the Circuit Clerk (County Recorder) in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Arkansas require a preliminary notice?
Yes — 75 days. Notice to Owner. Accepted service includes Certified Mail, Return Receipt Requested.
How long do you have to enforce a Arkansas mechanics lien?
15 months — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Arkansas?
Public retainage released within 45 days of final acceptance. 10% maximum retainage on public contracts. (Ark. Code Ann. § 22-9-210).