A mechanic's lien is filed against a property when someone who provides goods or services to improve the property goes unpaid. Anyone filing a lien in the state of Arkansas must take the proper steps for the lien to be valid and enforceable.
Perform work or supply materials. Before you can file for a mechanic's lien you have to provide something of value that improves the real property. This can include delivering supplies, performing construction work, drafting architectural plans and performing engineering inspections.
File a work notice with the owner. Before you can perfect a lien in Arkansas you must file a timely notice within 75 days from the date the work was performed or materials delivered. The notice must be delivered via personal service or certified mail. The notice must contain a list of the work performed, the amount due, a description of the property, when the work was performed, the materials provided and the names and addresses of any relevant parties.
Draft the lien. The lien document itself must contain a description of all the work performed or materials supplied. Like the notice, it must detail the dates when the work was performed, the value of the work that has gone unpaid, a description of the property and the names and addresses of all interested parties. The lien must be verified by an affidavit as well.
File the lien. You must file your lien within 120 days from the date labor and materials were furnished to the property, and the lien must be filed in the county where the property is situated. If you are the original contractor you can file the lien at any time within the 120 days, but any subcontractors or secondary contractors must provide the property owner a 10-day notice before filing the lien.
Talk to a lawyer. Lien laws can be complicated and you need to take the proper steps to protect your interests. Always get qualified legal advice from an experienced attorney before attempting any legal action.
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