Payment discrepancies are common in the construction industry. If you have not been paid for your project contributions, then a mechanics’ liens is a powerful tool for getting paid what is rightfully owed to you. If you are seeking a payment remedy, reach out to a Little Rock construction lien lawyer from Cotney Construction Law.
Why You Need a Little Rock Construction Lien Attorney
Every state grants certain construction professionals the right to file a lien for nonpayment, but it must be noted that mechanics’ liens are highly state-specific. Consulting a Little Rock construction lien attorney is highly recommended as every state differs in their lien methods, requirements, and timeframes. Strict observance of Arkansas lien law is crucial for preserving your lien rights.
Who Can File a Mechanics’ Lien?
In Arkansas, mechanics’ liens can be filed by lienors — contractors, subcontractors, or material suppliers — who were never paid for the construction or repair of a building or structure. The mechanics’ lien essentially reserves their right to seek payment recovery by claiming a lien against a property for which they performed work or supplied materials on. Engineers and surveyors can also claim a lien for the contract price or reasonable price for the services they provided on a project.
Mechanics’ Liens Timelines
Too often construction professionals forfeit payments owed to them because they miss critical deadlines or file the lien incorrectly. If a lienor gives proper and timely notice and files the lien properly and within specified deadlines, then the lienor has the right to commence a lawsuit and foreclose on the property to satisfy the debt owed to them. In Arkansas, a lienor must observe the following:
- File a lien within 120 days from the last date that labor or materials were furnished
- Give the property owner a 10-day notice (along with an affidavit of notice) prior to filing a lien claim, unless you are the original contractor (who can file at anytime)
- The notice must be served personally or by certified mail to the owner within 75 days of the last provision of work or materials
- Laborers or material suppliers must serve the owner and contractor personally or by certified mail
- Liens are valid for 15 months following the date it is filed, unless a lien foreclosure suit is filed within this time period
Lien law is complex, and many of the requirements that must be fulfilled in order to recover payment should be discussed in greater depth with a reputable Little Rock construction lien lawyer who is well-versed in mechanics’ lien law and intimately familiar with Arkansas-specific mechanics’ lien law which can be found in Arkansas Code 18-44-101.
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Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.