Monday, April 19, 2010

Arkansas Mechanics Lien "How To"

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

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

Ten days prior to the filing of a mechanics lien claim, Arkansas requires that a construction lien claimant give the owner, or the owner’s agent, or both of them, notice that a mechanics lien claim is going to be filed.

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.

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. This notice does not apply to residential projects.

After the appropriate pre-notice has been provided to the owner, 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.

 For more information on filing an Arkansas Construction Lien, an Arkansas Mechanics Lien, or an Arkansas pre-lien notice, please visit http://lienitnow.com/arkansas-faq.asp.

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