A mechanic's lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien covers the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute.
Statutes frequently require the lienholder to give notice of a claim of lien. Local statutes must be consulted to determine applicable requirements with respect to particular types of lien notices.
Arkansas Pre-open Notice to Owner of Intention to Claim Mechanic's Lien for Services Provided In Arkansas, contractors, subcontractors, and suppliers who provide services or materials for construction projects have the right to file a mechanics lien if they are not paid for their work. The Pre-open Notice to Owner of Intention to Claim Mechanic's Lien is an important step in ensuring your rights are protected and that you have a legal recourse to recover payment for the services you provided. This notice serves as a formal warning to the property owner that you have not been paid and that you intend to file a mechanic's lien if the outstanding payment is not made within a specified timeframe. By sending this notice, you assert your right to the property and make the owner aware of your intention to claim a lien against it. It is essential to provide accurate and detailed information in this notice to ensure its validity and enforceability. The following are some essential elements to include: 1. Project Information: Start by providing the necessary project details, such as the property address, legal description, and the names of the property owner, general contractor, and any other parties involved. 2. Lien Claimant Information: Include your name, address, contact information, and your role in the project (e.g., contractor, subcontractor, supplier). 3. Description of Services Provided: Clearly state the type of services you provided, such as labor, materials, or equipment, along with the dates or timeframe during which these services were rendered. 4. Amount Due: Specify the total amount outstanding for the services or materials provided. You can include an itemized breakdown, indicating the cost of each service or material if applicable. 5. Notice of Intent: Clearly state that the purpose of the notice is to inform the property owner of your intent to claim a mechanic's lien if payment is not received within a certain timeframe. Include the date by which payment must be made to avoid the filing of a lien. It is important to note that Arkansas has different types of Pre-Lien Notices based on the role the claimant played in the project. These notices include: 1. Notice to Owner/Contractor: This notice is typically sent by subcontractors to both the property owner and the general contractor to indicate their intent to claim a mechanic's lien. It is required to be sent within 75 days from the last date of providing services or material. 2. Notice to Owner: This notice is sent by suppliers who directly provided materials to the project but did not have any contract with the property owner. It should be sent within 75 days from the last delivery date of the materials. 3. Notice by Design Professional: Architects, engineers, or design professionals who didn't contract directly with the owner can also file a lien. They must send a notice of intent to lien within 120 days from the last date of providing professional services. Filing a Pre-open Notice to Owner of Intention to Claim Mechanic's Lien is a crucial step in protecting your rights as a contractor, subcontractor, or supplier in Arkansas. Make sure to consult with an attorney or research the specific requirements and deadlines set forth in the Arkansas mechanic's lien laws to ensure compliance and increase the chances of recovering payment for your services.
