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Lien waivers by state · Arkansas

Arkansas lien waiver requirements

Arkansas is a non-statutory state

Arkansas does not prescribe a statutory lien-waiver form or mandatory waiver language. Waivers are treated as ordinary contractual documents and are valid so long as the waiving party's intent to release lien rights is clearly expressed in writing. Because form and content are unregulated, parties should read waivers carefully to avoid waiving more than intended.

Statute: Ark. Code Ann. §§ 18-44-101 et seq. (Mechanics' & Materialmen's Lien Act); the Act contains no statutory waiver-form provision

Arkansas lien waiver forms

The four standard waiver-and-release types and Arkansas’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Arkansas lien waivers are not required to be notarized to be valid. Notarization is unnecessary unless a specific contract requires it; if so, comply with that contractual term.
Mandatory statutory language: No statutory waiver language is required. The form and content of lien waivers are not regulated by Arkansas statute; a waiver is enforceable if the intent to waive is clearly expressed in a signed writing.
Electronic signatures accepted

Key Arkansas deadlines

Preliminary / pre-lien notice: No preliminary notice is required of a prime/general contractor on private commercial projects. Subcontractors and suppliers must serve a Notice to Owner and Contractor within 75 days of last furnishing labor or materials (Ark. Code Ann. § 18-44-115). (A separate pre-construction notice applies to residential 1-4 unit projects.)
Notice of intent to lien: At least 10 days before filing the lien, the claimant must give the owner a Notice of Intent to file a lien (Ark. Code Ann. § 18-44-114).
Mechanics lien filing deadline: Within 120 days after last furnishing labor or materials (Ark. Code Ann. § 18-44-117(a)(1)). Suit to enforce must be brought within 15 months of filing (§ 18-44-119).

Arkansas lien waiver FAQ

Does Arkansas require a specific lien waiver form?

No. Arkansas does not require or provide a specific statutory lien waiver form. Any form may be used, and a waiver is valid as long as the waiving party's intent to release lien rights is clearly expressed in writing.

Do lien waivers need to be notarized in Arkansas?

No. Arkansas lien waivers do not need to be notarized to be valid. Notarization is only advisable if a specific contract requires it.

Can lien waivers be signed electronically in Arkansas?

Yes. Electronic signatures are valid on lien waivers in Arkansas under the federal E-Sign Act and the Uniform Electronic Transactions Act (UETA), which give e-signatures the same legal effect as handwritten ones.

What is the deadline to file a mechanics lien in Arkansas?

A mechanics lien must be filed within 120 days after the claimant last furnished labor or materials (Ark. Code Ann. § 18-44-117). A Notice of Intent to lien must also be given to the owner at least 10 days before filing.