In Arkansas, lien claimants on commercial projects are required to provide a Notice to Owner and Contractor (also known as a pre-lien) within 75 days of last providing work or materials to the project. The Notice to Owner must be served to both the Owner and the General Contractor whether be hand-delivered or mailed via return receipt requested, restricted delivery, to addressee or agent of addressee, or by any means that provides written, third-party verification of delivery.
The Notice to Owner is considered delivered when sent, and verified by a return receipt signed by the addressee or the agent of the addressee, or a returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed.
In addition to Notice to Owner requirements, a potential lien claimant must provide the property owner with a Notice of Intent to Lien at least 10 days prior to filing an Arkansas Mechanic’s Lien.