Arkansas Assignment of Lien by General Contractor

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Multi-State
Control #:
US-02836BG
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Word; 
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Description

This form is an example of an assignment of a mechanic's lien. By virtue of express statutes in most states, mechanics and materialmen (persons who furnish materials for the erection of houses or other buildings), are entitled to a lien or preference in the payment of debts out of the houses and buildings so erected and to the land on which they are erected.
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FAQ

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.

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.

Arkansas Mechanic's and Materialmen's Liens. Mechanic's and materialmen's liens are legal tools that contractors, subcontractors, and suppliers can use to secure payment for work and materials provided to a construction project.

Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of Texas, they are frequently successful at producing payment (without having to take the next step of 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.

For Residential projects, ARKANSAS Code Annotated §18-44-115 mandates that a Preliminary Notice To Owner (Residential) must be served to the Owner of a residential property being improved before labor or materials are provided for the improvement of the property. Delivery should be made in person or by Certified Mail.

(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 ...

What is a Notice of Intent to Lien? A Notice of Intent to Lien (NOI) is a document sent to notify certain parties on a construction project of the consequences of non-payment. An NOI is a warning that if payment isn't made, the claimant intends to file a mechanics lien.

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Arkansas Assignment of Lien by General Contractor