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Arkansas Mechanics Liens Require “Enforceable” Contract

The requirements that must be met prior to filing a valid mechanics liens can be complex. These requirements range from sending the appropriate preliminary notices, to filing the lien within a specific time period, to serving the lien on the necessary parties by the mandated method. All of this presupposes, however, that the mechanics lien […]

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Arkansas Mechanics Lien Law

Arkansas Mechanics Lien Law: 5 Things to Know

Preliminary Notice is Necessary On a residential project, a contractor is required to provide a Pre-Construction Notice to Owner prior to starting work.  While the general contractor’s notice to owner works to the benefit of the sub-contractors and material suppliers, his failure to give the required notice affects their lien rights.  It is prudent, then, […]

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Lien Law Alert: Arkansas Mechanics Lien Can Include Profits Only If The Job Is Done

Earlier this year, the United States District Court for the Western District of Arkansas issued an opinion that could have far-reaching implications on the state’s mechanics lien laws, holding that “profits” were not recoverable in a mechanics lien claim unless the entire construction project was completed. In Erdman Co. v. Phoenix Land & Acquisition LLC, a property developer (Phoenix) […]

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FAQ: Are We Required To Deliver A Notice Of Intent To Lien Before Filing Our Lien?

Short Answer:  Only in the following states:  Arkansas, Colorado, Connecticut, Louisiana, Missouri, North Dakota, Pennsylvania, Wisconsin, Wyoming. Long Answer:  It’s extremely common for folks to not quite understand the differences between preliminary notices and notices of intent to lien; and further, to not quite understand when a state requires notices of intent to be sent. […]

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