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18-44-105. Lien of architect, engineer, surveyor, appraiser, landscaper, abstractor, or title insurance agent.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-105. Lien of architect, engineer, surveyor, appraiser, landscaper, abstractor, or title insurance agent.
(a) Every architect, engineer, surveyor, appraiser, landscaper, abstractor, or title insurance agent who shall do or perform any architectural, engineering, surveying, appraisal, landscaping, or abstracting services upon any land, or who shall issue a title insurance policy or provide landscaping supplies upon any land, building, erection, or improvement upon land, under or by virtue of any written agreement for the performance of the work with the owner thereof, or his or her agent, shall have a lien upon the land, building, erection, or improvement upon land to the extent of the agreed contract price or a reasonable price for those services.
(b)(1) However, the lien does not attach to the land, building, erection, or improvement upon land unless and until the lien is duly filed of record with the circuit clerk and recorder in the county in which the land, building, erection, or improvement is located.
(2) The lien shall be:
(A) Subject to the notice requirements of §§ 18-44-114 and 18-44-115;
(B) Filed under § 18-44-117; and
(C) Enforced under this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:18-44-105
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f7a6913edfff7380025d7df27e4072144e0eb02eb2baa2e11f63c22cc5b4c704
Source location: content.xml paragraph 8390
Stored source content
18-44-105. Lien of architect, engineer, surveyor, appraiser, landscaper, abstractor, or title insurance agent.
(a) Every architect, engineer, surveyor, appraiser, landscaper, abstractor, or title insurance agent who shall do or perform any architectural, engineering, surveying, appraisal, landscaping, or abstracting services upon any land, or who shall issue a title insurance policy or provide landscaping supplies upon any land, building, erection, or improvement upon land, under or by virtue of any written agreement for the performance of the work with the owner thereof, or his or her agent, shall have a lien upon the land, building, erection, or improvement upon land to the extent of the agreed contract price or a reasonable price for those services.
(b)(1) However, the lien does not attach to the land, building, erection, or improvement upon land unless and until the lien is duly filed of record with the circuit clerk and recorder in the county in which the land, building, erection, or improvement is located.
(2) The lien shall be:
(A) Subject to the notice requirements of §§ 18-44-114 and 18-44-115;
(B) Filed under § 18-44-117; and
(C) Enforced under this subchapter.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-114. Notice and service generally.
(a) Every person who may wish to avail himself or herself of the benefit of the provisions of this subchapter shall give ten (10) days' notice before the filing of the lien, as required in § 18-44-117(a), to the owner of a building or improvement that he or she holds a claim against the building or improvement, setting forth the amount and from whom it is due.
(b)(1) The notice may be served by any:
(A) Officer authorized by law to serve process in a civil action;
(B) Person who would be a competent witness;
(C) Form of mail addressed to the person to be served, with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or
(D) Means that provides written, third-party verification of delivery at any place where the owner of the building or improvement maintains an office, conducts business, or resides.
(2)(A)(i) When served by an officer, his or her official return endorsed on the notice shall be proof of the service.
(ii) When served by any other person, the fact of the service shall be verified by affidavit of the person serving the notice.
(B)(i) When served by mail, the service shall be:
(a) Complete when mailed; and
(b) 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.
(ii) If delivery of the mailed notice is refused by the addressee or the item is unclaimed:
(a) The lien claimant shall immediately send the owner of the building or improvement a copy of the notice by first class mail and may proceed to file his or her lien; and
(b) The unopened original of t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-114
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-44-114. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-115. Notice to owner by contractor — Definitions.
(a)(1) No lien upon residential real estate containing four (4) or fewer units may be acquired by virtue of this subchapter unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received, by personal delivery or by certified mail, a copy of the notice set out in this subsection.
(2) The notice required by this subsection shall not require the signature of the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent in an instance when the notice is delivered by certified mail.
(3) It shall be the duty of the residential contractor to give the owner, the owner's authorized agent, or the owner's registered agent the notice set out in this subsection on behalf of all potential lien claimants before the commencement of work.
(4) If a residential contractor fails to give the notice required under this subsection, then the residential contractor is barred from bringing an action either at law or in equity, including without limitation quantum meruit, to enforce any provision of a residential contract.
(5)(A) Any potential lien claimant may also give notice.
(B)(i) If before commencing work or supplying goods a subcontractor, material supplier, laborer, or other lien claimant gives notice under this section, the notice shall be effective for all subcontractors, material suppliers, laborers, and other lien claimants not withstanding that the notice was given after the project commences as defined under § 18-44-110(a)(2).
(ii) If the notice relied upon by a lien claimant to establish a lien under this subchapter is given by another lien claimant under subdivision (a)(5)(B)(i) of this section after the projec
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-115
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-44-115. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-117. Filing of lien.
(a)(1) A person who wishes to avail himself or herself of the provisions of this subchapter has a duty to file with the clerk of the circuit court of the county in which the building, erection, or other improvement to be charged with the lien is situated and within one hundred twenty (120) days after the things specified in this subchapter have been furnished or the work or labor done or performed:
(A) A just and true account of the demand due or owing to him or her after allowing all credits; and
(B) An affidavit of notice attached to the lien account.
(2)(A) The lien account shall contain a correct description of the property to be charged with the lien, verified by affidavit.
(B) For real property, a street address is not a correct description of the property under subdivision (a)(2)(A) of this section.
(3) The affidavit of notice shall contain:
(A) A sworn statement evidencing compliance with the applicable notice provisions of §§ 18-44-114 — 18-44-116;
(B) A copy of each applicable notice given under §§ 18-44-114 — 18-44-116; and
(C) A copy of the proof of service required under § 18-44-114.
(b)(1)(A) The clerk of the circuit court has a duty to endorse upon every account the date of its filing and to make an abstract of the account in a book kept by him or her for that purpose, properly indexed.
(B) This abstract shall contain:
(i) The date of the filing;
(ii) The name of the person laying or imposing the lien;
(iii) The amount of the lien;
(iv) The name of the person against whose property the lien is filed; and
(v) A description of the property to be charged with the lien.
(C) For real property, a street address is not a sufficient description under subdivision (b)(1)(B) of this section.
(2) For this
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-117
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-44-117. This identifies an authority to review, not proof of applicability.