Arkansas
Bond or Lien Claim-Public 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: Notice of Claim on Bond and Lien for Public Improvement.

Scope: State of Arkansas, Public Works, on jobs over $20,000.00 in value. However, contracts executed by the Arkansas State Highway and Transportation DeparĀ®ent are exempt from bond requirements.

Time Constraints: If the claim involves a religious or charitable organization, you must file suit within 6 months of the completion of the project. Otherwise, you may file suit against the general contractors and bonding companies within 6 months (see below) from the date when the Arkansas State Building Services approves final payment on the contract. However, before that 6 month period expires (for example in 4 months) we suggest that you send copies of the Notice of Claim on Bond and Lien for Public Improvement to the public entities, general contractors and the bonding companies of the project (see below) to attempt to solicit payment before going to the expense of a lawsuit.

Important: Suit on the bond cannot be brought outside Arkansas. There is also a conflict in the Arkansas statutes as to suit filing times for subcontractors. While one statute limits the filing time to 6 months, another seems to indict the filing time is 12 months. Therefore, all subcontractors are advised to file suit on the public payment bond within 12 months of the date on which the Arkansas State Building Services approves final payment on the state contract, or within 6 months from the date final payment is made on the contract, whichever is earlier.

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 you 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. Public entities and sureties will reserve only for the amount you claim.), and the county of the state where the recording will be made.

Form Types: Notice of Claim on Bond and Lien for public Improvement and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien for Public Improvement immediately on the public entities, general contractors and sureties.

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