Delaware Construction Document Management

Arkansas 75-Day Notice to Owner

Securing mechanics lien rights in Arkansas requires careful tracking of your last day on the project. Under A.C.A. § 18-44-115, on commercial projects, a subcontractor or supplier must generally serve a Notice to Owner (and contractor) no later than 75 days after the last furnishing of labor or materials.

Because the deadlines hinge on establishing an accurate end date, maintaining reliable field records is critical. MyCrewTracker allows Arkansas supervisors to use Daily Reports to log their final day on site, providing the back office with the exact dates needed to calculate notice deadlines and store the delivery receipts.

What the Arkansas 75-Day Notice Must Include

Under A.C.A. § 18-44-115, the notice must contain specific information:

• The name and address of the claimant (the person or company furnishing labor or materials)
• The name and address of the person who contracted with the claimant (usually the general contractor or subcontractor)
• A general description of the labor, services, materials, or equipment furnished
• The name and address of the owner of the commercial real estate
• The name and address of the contractor
• A statement that the notice is not a lien and is not a reflection on the integrity of any contractor or subcontractor

The notice must be sent to both the property owner and the general contractor by registered mail, return receipt requested, before 75 days have elapsed from the time labor was supplied or materials furnished.

What Happens If You Miss the 75-Day Deadline

If you serve the Notice to Owner late, your lien rights are severely limited. Under A.C.A. § 18-44-115, a material supplier or laborer who fails to send the notice before the 75-day window closes loses the right to claim a lien on the commercial property. Unlike some states where a late notice merely shortens the lien period, Arkansas courts have consistently held that the 75-day notice is a prerequisite to lien rights on commercial projects.

For a subcontractor who has been on site for months, this can mean losing the entire lien claim. The 75-day window is strict and unforgiving.

Arkansas Residential Pre-Construction Notice

For residential projects containing four (4) or fewer units, Arkansas law imposes a different requirement. Under A.C.A. § 18-44-115, the residential contractor must give the property owner an "Important Notice to Owner" before the commencement of work. This notice informs the owner that other persons supplying labor or materials may be entitled to a lien if not paid in full.

The residential contractor gives this notice on behalf of all potential lien claimants. If the contractor fails to provide this pre-construction notice, the contractor's own lien rights are precluded. However, subcontractors and suppliers may still have lien rights if the owner received the notice through other means.

Arkansas Lien Deadlines at a Glance

Missing a single deadline in Arkansas can void your lien rights entirely. The table below summarizes the statutory deadlines every Arkansas contractor, subcontractor, and material supplier must track.

How to File a Mechanics Lien in Arkansas: Step by Step

The process below reflects the standard path for an Arkansas subcontractor, supplier, or laborer seeking to preserve and enforce lien rights under Title 18, Chapter 44 of the Arkansas Code.

• Serve the Notice to Owner and Contractor. On commercial projects, send within 75 days of last furnishing labor or materials via registered mail, return receipt requested, to both the owner and the contractor. On residential projects (4 or fewer units), the contractor must provide the Pre-Construction Notice before work begins.
• Log your last day of work. The 75-day notice clock and the 120-day filing clock both run from your last day of substantial work. MyCrewTracker's Daily Reports timestamp this automatically.
• Serve a Notice of Intent to Lien. Under A.C.A. § 18-44-114, you must notify the owner and contractor at least 10 days before filing the lien.
• Prepare the verified account. Arkansas requires a verified statement of account and lien, including a description of the property, the amount owed, and the dates labor or materials were furnished.
• File with the Circuit Clerk. Arkansas mechanics liens are filed at the county level, not the state. File in the county where the property is located.
• Serve a copy of the lien on the property owner. Arkansas requires that a copy of the filed lien be served on the owner.
• File suit within 15 months. Under A.C.A. § 18-44-119, you have 15 months from the date the lien is filed to commence an action to enforce it.
• Preserve all project documentation. Daily reports, delivery tickets, change orders, and photos become evidence in the foreclosure action.
• Consider alternative remedies in parallel. Prompt Payment Act claims, contract claims, and payment bond claims can run alongside the lien.

Documents to Preserve for an Arkansas Lien Claim

Arkansas courts require proof that you furnished labor or materials and that they were incorporated into the property. The following records are what you need:

• Signed contract or purchase order with the prime contractor
• Registered mail receipts for the 75-Day Notice and 10-Day Notice of Intent
• Delivery tickets signed by an authorized site representative
• Daily reports showing crew on site and work performed
• Photo evidence of installed work (timestamped and geotagged)
• Jobsite sign-in logs and crew attendance records
• Invoices, statements, and payment applications
• Email or text correspondence about scope and payment
• Change orders and extra work authorizations
• Written demand letters and any response

MyCrewTracker stores all of these in one project record. When a lien deadline approaches, the back office can generate the timeline needed to prepare the verified account without reconstructing months of field activity.

Arkansas-Specific Gotchas

• The 75-day notice is not optional on commercial projects. Unlike some states where preliminary notice requirements are waived for certain claimants, Arkansas requires the Notice to Owner and Contractor for all subcontractors, material suppliers, and laborers on commercial projects. Missing it voids the lien. Send it. Every commercial job. Even if the general contractor tells you it is not needed.
• Residential projects have a different rule. For residential projects with 4 or fewer units, the contractor must provide the Pre-Construction Notice before work begins. Subcontractors and suppliers do not send a 75-day notice on these projects; the contractor's pre-construction notice covers all potential lien claimants.
• The 120-day filing clock is strict. Under A.C.A. § 18-44-117, the verified account must be filed with the Circuit Clerk within 120 days after last furnishing labor or materials. There are no extensions.
• 15-month enforcement deadline is absolute. A.C.A. § 18-44-119 gives you exactly 15 months from the date the lien is filed to commence an action. Set two calendar reminders: one at 12 months, one at 14 months.
• No statutory lien waiver forms. Arkansas does not prescribe statutory lien waiver forms the way Arizona and some other states do. Waivers are enforceable as contracts, but courts scrutinize them closely. Never sign an unconditional waiver before you have received and deposited the payment.
• Public works retainage cap. Under A.C.A. § 22-9-604, retainage on public works contracts is capped at 5% of earned progress payments. Retainage must be released within 30 days of completion of all work, including punch list items.

Example Scenario: How Documentation Determines the Outcome

The following is an illustrative scenario, not a specific case. It demonstrates how record-keeping affects outcomes in Arkansas lien disputes.

Consider a Little Rock drywall subcontractor on a $320,000 commercial office renovation. The sub's last day of substantial work is June 15. Under A.C.A. § 18-44-115, the 75-Day Notice to Owner and Contractor must be sent by August 29. The sub sends it via registered mail on August 20. The green card returns signed on August 24.

Under A.C.A. § 18-44-117, the sub has 120 days from June 15 to file the lien with the Pulaski County Circuit Clerk. That deadline is October 13. The sub files the verified account on October 5. A copy is served on the owner on October 8.

Under A.C.A. § 18-44-119, the sub must commence an action to enforce the lien within 15 months of filing. That deadline is January 5 of the following year. The sub files suit on November 15, well within the window. The lien is enforceable.

Compare that to the same sub who sends the 75-Day Notice on September 5 — seven days late. Under § 18-44-115, the lien is void entirely on the commercial project. The sub loses all lien rights, regardless of how much documentation they have.

Documentation is what separates these outcomes. MyCrewTracker logs the last day of work, the notice service date, the filing date, and the daily reports that prove performance.

Arkansas Prompt Payment Act

Cash flow on public projects is protected under A.C.A. § 22-9-205. When a public authority fails to pay a contractor within 90 days after presentation of a claim, the public authority must pay interest at the rate of 10% per annum on the unpaid amount due for all periods the payment is not made.

To leverage these statutory protections, contractors must maintain flawless records of invoice submission and approval dates. MyCrewTracker provides a centralized repository for Arkansas construction teams to store payment applications and communication logs to demonstrate strict compliance.

What the Arkansas Prompt Payment Act Covers

A.C.A. § 22-9-205 applies to public works projects, except those contracted by the State Highway Commission. Key provisions include:

• Public authorities must pay contractors within 90 days after presentation of a claim
• Interest accrues at 10% per annum on delinquent amounts
• The statute applies solely to payments made by the contracting public entity

Arkansas Public Works Retainage

Under A.C.A. § 22-9-604, Arkansas enforces strict retainage rules for public projects. The contractor is entitled to payment of 95% of earned progress payments when due, with the public agency retaining 5% to assure faithful performance of the construction contract.

Retainage must be released within 30 days of completion of all work, including punch list items. To defend against claims of payment failure, contractors must maintain perfect documentation of substantial completion. MyCrewTracker offers a secure cloud repository where Arkansas contractors can organize dated payment applications and formal communications.

What MyCrewTracker Does (and Does Not Do) in Arkansas

MyCrewTracker is a construction documentation platform, not a legal service. Here is what it does for Arkansas contractors:

• Logs first day and last day of work per project so you can calculate the 75-day notice deadline and the 120-day filing window
• Stores registered mail receipts and Notice to Owner documents in the project file
• Records delivery tickets with photo and signature capture
• Captures timestamped, GPS-tagged site photos that document installation
• Generates daily report PDFs that serve as contemporaneous records
• Tracks completion dates to support public works retainage release

It does not draft lien notices, file documents with the Circuit Clerk, or provide legal advice. Those steps require an Arkansas construction attorney.