Arkansas Notice to Owner and Contractor Form

First and last furnishing dates have everything to do with when the work is provided, and less to do with when contracts are executed or when projects are completed. When sending notices for engineering services, generally, the first furnishing date should typically be when the engineering work begins - i.e. when the work that goes into planning, mapping, or drawing begins. This article should be helpful for thinking about first furnishing dates: Date of First Furnishing and Design for CA Engineers. The last furnishing date should be whenever your work on the job is complete. So, if your work is finished when you submit the final documents to the owner, then that'd be the last furnishing date. If you continue to provide services after that point, then a later last furnishing date may be in order. This article may be helpful for defining last furnishing date, though it isn't written specifically for engineers: What’s the ‘Date Labor or Materials Last Delivered’ and How Can I Prove It? Finally, note that revised preliminary notices are generally not required, though there may be exceptions. Levelset discusses that here: Is it OK to Send Revised Preliminary Notices? Does it Affect My Deadlines? If you have an updated last furnishing date, that would likely affect your lien deadlines - so it'd be important to keep track of your last furnishing date and any changes for that. As a last note, the Expert Center is designed for help with more general construction law and construction payment questions. If you have any questions regarding the Levelset platform or how to use it, feel free to reach out to the Levelset Support team or to your account manager - they'll be able to help with that.

Unlike states such as Georgia and Florida, a Notice of Commencement is not required in the state of Arkansas.

Arkansas GC notice requirements

There are some preliminary notice requirements for general contractors in Arkansas, depending on the type of project. If the project is residential and 4 units or less, the GC must send a "Pre-Construction Notice to Owner." This must be provided to the owner before the commencement of work on the project. Notice can either be delivered personally if it is signed by the owner, or by certified mail with return receipt requested. General contractors aren't required to send any notices on other types of private projects at the outset, although we recommend always sending some sort of notice anyways. Failure to do so comes with some severe repercussions under Arkansas Code 18-44-115. Not only will the GC no longer be able to file a mechanics lien, but they will also be barred from any action to enforce any action in law or equity, no breach of contract, no quantum meruit. There is also a Notice of Intent requirements that need to be sent after the claimant's work has completed, but prior to actually filing a mechanics lien. See: Arkansas Notice of Intent Guide & FAQs Here's some additional reading that may prove helpful:

• How to File an Arkansas Mechanics Lien | A Step-by-Step Guide to Get You Paid

It may be possible to file a mechanics lien against the property to secure the amount due. However, while mechanics liens are extremely powerful tools to get construction participants paid, there are rules and requirements that must be complied with in order for a mechanics lien to be effective, or even allowed.

On residential projects in Arkansas, a preliminary notice must be provided by at least one party on the project. If any party provides the property owner with the preliminary notice, it works to the benefit of all other project participants, and protects the work performed after the notice is given.

Additionally, a potential lien claimant on a residential project must provide the property owner with a notice of intent to lien at least 10 days prior to filing a lien itself (which must be recorded within 120 days from last furnishing labor or materials).

If a mechanics lien is not available, whether because no notice was given, or because deadlines have been missed, there may be other paths to recovery. Filing a lawsuit can be an effective path to getting paid, and if the amount in dispute is less than $5,000 suit may be filed in small claims court in order to limit expensive court costs and attorneys' fees.

If you decide to file a mechanics lien, you can learn more about the process and how to complete the filing with this how-to guide. Or, you can streamline the process by creating your document here.