Construction Liens in Arkansas

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Overview

Sources

Ark. Code Ann. §§ 18-44-101 et seq.

Authorized Claimants

Every contractor...who supplies labor, services, material...in the construction or repair of an improvement to real estate...by virtue of a contract...shall have, to secure payment, a lien upon the improvement and on up to one (1) acre of land upon which the improvement is situated...(AR Code 18-44-101)

Lien Priority

 A lien...has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property...that (1) attaches after commencement of the work of improvement or (2) was unrecorded at the commencement of the work of improvement and of which the claimant had no notice. (CA Civil Code 8450)

Notices and Registries

Filing Deadlines

...every person...(shall)...file with the clerk of the circuit court of the county...the lien...within one hundred twenty (120) days after the things...have been furnished or the work or labor done…(AR Code 18-44-117)

Enforcement Deadlines

All actions under this subchapter shall be commenced within fifteen (15) months after filing the lien and prosecuted without unnecessary delay to final judgment. (AR Code 18-44-119)

Other

Cross-References