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Arkansas lien waiver requirements
Arkansas leaves waiver wording up to the parties, but a Notice of Intent to Lien must be served 10 days before any lien is filed.
Ark. Code Ann. § 18-44-101 et seq.
The short version
Arkansas mechanic's lien law sits at Ark. Code Ann. §18-44-101 et seq. The statute permits any contractor or supplier to lien for unpaid work. It does not prescribe a waiver form. What it does require is procedural muscle: a Notice of Intent to Lien must be served 10 days before recording a lien, and the lien itself must be filed within 120 days of last furnishing. Waivers in Arkansas are contractual, so the through-date and the payment trigger are what carry the legal weight.
At a glance
- Ark. Code Ann. §18-44-101: underlying lien right
- 10-day Notice of Intent before lien filing
- 120-day deadline to record a lien
- No statutory waiver form, no notarization requirement
No prescribed form, so be precise
Arkansas does not give you a state-blessed waiver template. The statute trusts the parties to write a clear one. That sounds simple until a sub argues the waiver covered retainage when you only meant the May draw.
Spell out the project, the through-date, and the dollar amount. State whether the waiver is conditional on payment clearing. Without those four pieces, a waiver in Arkansas can be challenged on basic contract grounds.
The 10-day Notice of Intent window
Before any claimant can file a lien in Arkansas, they must serve a Notice of Intent to Lien at least 10 days before recording. That gives you a heads-up window to fix the payment or dispute the claim.
If a Notice arrives on your desk, pull the matching pay app and signed waiver immediately. If you have a conditional waiver and the check cleared, you usually have a defense. If you don't, the next stop is the 120-day filing deadline.
Conditional by default, unconditional after
Send a conditional waiver with each pay app. Arkansas courts recognize the conditional-on-payment structure. It releases lien rights only after the funds actually clear.
After the check clears, swap in an unconditional waiver for that draw. On the final payment, do the same: conditional with the pay app, unconditional once funds settle. Keep both in the project folder for at least the 120-day window.
Questions
Does Arkansas require a specific lien waiver form?
No. Arkansas does not prescribe a statutory waiver form. Waivers are governed by general contract law.
What is the deadline to file a mechanic's lien in Arkansas?
120 days from the last date labor or materials were furnished, after a 10-day Notice of Intent to Lien.
Do Arkansas lien waivers need to be notarized?
No. Arkansas does not require notarization on lien waivers.
Send a Arkansas waiver in two minutes.
The right form, the right notice, signed on a phone. Released when the check clears.
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