Title 101: Making Sense of Title Insurance in Commercial Transactions

WHO MAY CLAIM Every contractor, subcontractor, or material supplier who provides labor, services, fixtures. Can also include architects, engineers, surveyors, appraisers, landscapers, abstractors, and title insurance agents who provide services/materials pursuant to a written contract. AR ST § 18-44-101 AR ST § 18-44-105 DEADLINE TO PERFECT Lien must be filed within 120 days after the materials furnished/work completed. AR ST § 18-44-117 BROKEN PRIORITY Once filed, all liens relate back to the date that construction or repair first commenced, regardless of when particular service/materials provided. “Commencement” is when visible manifestation of activity on real estate has taken place such that a reasonable person would believe that such work has started. AR ST § 18-44-110 DURATION OF LIEN Lien will expire 15 months after filing unless suit commenced and lis pendens filed within said period. AR ST § 18-44-119 CONTENTS OF LIEN (1) Notarized and written statement; (2) correct description of property verified by affidavit (street address IS NOT correct description); (3) attached affidavit of notice with sworn statement showing compliance with AR ST §§ 18-44-114 to AR ST §§ 18-44-116, copy of each notice, and copy of proof of service; (4) name of lienor; (5) name of liened party. Literal compliance is not necessary, as long as material facts are included in the filed lien such that it is placed on record is sufficient and substantial compliance. Murray v. Rapley, 30 Ark. 568, 569 (1875) AR ST § 18-44-117 ARKANSAS ARKANSAS – 506 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN

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