Arkansas Bond or Lien Claim, Private Work
Bond or Lien Claim-Private Work
Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.
Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.
Document Title: Statement of Account and Claim of Lien
Scope: State of Arkansas, Private Works.
Time Constraints: As follows:
Important: If you are a material supplier or equipment renter you must have served a preliminary notice on the required parties within the statutory time frame or you cannot make a lien claim. See the Arkansas Preliminary Notice, Private Work memo for more information.
Important: Unless you are the prime contractor, you must also have served a Notice of Intent to File a Lien or Bond Claim on the required parties within the statutory time frame or you cannot make a lien claim. See the Arkansas Lien Warning Notice, Private Work memo for more information.
After the 10 day period from serving your Notice of Intent to File a Lien or Bond Claim on the owners, but within 120 days of your last furnishing, you may file your Statement of Account and Claim of Lien with the County Recorders office. You must also attach an itemized statement with the Sworn Statement of Account for the account showing all transactions, including credits, for which the lien is claimed. You just also must file an Affidavit of Notice to which will be attached a copy of the Notice of Intent to File a Lien or Bond Claim formerly sent to the debtor. After filing, serve copies of the lien on the owners and your customer by personal service or certified mail. All claim forms must be notarized.
Warning: If your lien claim includes items that are not lienable under the Arkansas statutes, i.e. tools, forms and other items not becoming a part of the permanent structure or fully consumed in the creation of the structure, you may create a condition where your lien claim is not a "just and true" account, and result in the loss of your lien. Make claim only on lienable material!
Perfection: Mechanic's Lien: To perfect your Mechanic’s Lien, you may file suit to foreclose the lien after 20 days from the service on the owners, but within 15 months of the date of the filing of your Statement of Account and Claim of Lien. If your lien is against railroad property, you have up to one year after the claim accrued. If your lien claim was not paid within 20 days of filing, after the 20 day period you may also claim attorney fees in your perfection suit.
Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Mechanic's Lien file suit against the sureties within the time frame provided for in the surety bond (obtain a copy of the bond for more information).
Important: Lien Bond; In the event that the owner or prime contractor seeks to contest your lien claim by filing a Lien Bond for double the amount claimed in your lien, you must contest the bond in Court within 3 days of receipt of the bond or your lien is automatically discharged.
The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.
Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary) and the county of the state where the recording will be made.
Form Types: Statement of Account and Claim of Lien (with notary jurat), Exhibit's A-D, if needed, Sworn Statement of Account (Exhibit ‘E’) with notary jurat, Affidavit of Notice (Exhibit ‘F’) with notary jurat, and Recorder's Letter.
Procedures: Prepare your documents using the required information. Then you can immediately file your Statement of Account and Claim of Lien, notarized, the Sworn Statement of Account with a copy of the itemized statement, notarized, and the Affidavit of Account with a copy of the Notice of Intent to File a Lien or Bond Claim, notarized. Serve copies to the owners, general contractor and your customer by personal service or certified mail. If there are sureties, serve additional copies of the same documents on them. Sometimes this is enough to get you immediate payment. At this point you are ready to file suit to enforce all of your claims in one action.
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