Arkansas Waiver of Mechanic's or Construction Lien

State:
Multi-State
Control #:
US-01051BG
Format:
Word; 
Rich Text
Instant download

Description

A lien or right to claim a lien may be waived by agreement. A waiver of a lien should be in writing, and the writing should plainly show that the claimant or potential claimant clearly and knowingly intended to waive the lien or right to a lien.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Removing a Lien from Your Arkansas Title Your lienholder will likely send you a completed Official Release of Lien (Form 10-315). To apply for a lien-free title in Arkansas, visit your local AR State Revenue Office and: Bring the lien release form provided by the lienholder.

All parties must provide a Notice of Intent to Lien at least 10 days before filing a lien. In Arkansas, all mechanics liens must be filed within 120 days after last furnishing labor or materials. In Arkansas, an action to enforce a mechanics lien must be initiated within 15 months after the lien was filed.

A mechanics lien in Arkansas is filed within 120 days after the last substantial work was performed on a property. This 120-day deadline is strictly enforced. Your Arkansas Notice of Intent to Lien must be served at most 10 days before this 120-day deadline to ensure that you can file a valid Arkansas mechanics lien.

Filing deadlines: A lien must be filed within 120 days after the last day that labor or materials were furnished to the property. Notice requirements: A notice of the lien must be sent to the property owner within ten days of filing the lien.

Ing to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder's office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties.

(a) The lien provided for in this subchapter shall take precedence over, and be superior to, any mortgage or other obligation attaching against the property in all cases in which the holder of the mortgage or other obligation shall permit the property to remain in the possession of and be used by the person owing and ...

For Commercial projects, ARKANSAS Code Annotated §18-44-115 mandates that a Preliminary Notice To Owner (Commercial) must be served to the Owner and General/Prime Contractor of a commercial, non-residential property being improved within seventy-five (75) days after labor or materials are provided for the improvement ...

The Notice of Intent to Lien is essentially a 10-day notice to the property owner before you record a mechanics lien. Filing a mechanics lien in Arkansas must be done within 120 days of your last day of work, so you have to make sure that you serve the 10-day notice before this 120-day period elapses.

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Arkansas Waiver of Mechanic's or Construction Lien