Title 18, Property

In all suits under this subchapter, the parties to the contract and all other persons interested in the controversy and in the property charged with the lien may be made parties to the suit. Those that are not made parties shall not be bound by the proceedings.

(a) In all cases in which a lien shall be filed under the provisions of this subchapter by any person other than a contractor, it shall be the duty of the contractor to defend at his or her own expense any action brought thereupon. During the pendency of the action, the owner may…

The court shall make orders in the case as will protect and enforce the rights of all interested therein.

Whenever the owner of an erection or improvement, or of land on which an erection or improvement is put, or the owner of any boat or vessel, is a nonresident of the state or resides out of the county in which the erection or other improvement is put, as provided by this subchapte…

(a) The court shall ascertain by a fair trial, in the usual way, the amount of the indebtedness for which the lien is prosecuted and may render judgment therefor in any sum not exceeding the amount claimed in the demand filed with the lien, together with interest and costs, altho…

(a) When any contractor, subcontractor, laborer, or material supplier who has filed a lien, as provided for in this chapter, gives notice thereof to the owner of property by any method permitted under § 18-44-115(b)(5) and the claim has not been paid within twenty (20) days from …

(a) Whenever any indebtedness which is a lien on any real estate, erection, building, or other improvement is paid and satisfied, it shall be the duty of the creditor to enter satisfaction of the lien upon the record or margin thereof in the office of the clerk of the circuit cou…

(a) It shall be unlawful for any contractor, subcontractor, or other person who has performed work or furnished materials for the improvement of any property when the work or materials may give rise to a mechanic's, laborer's, or materialman's lien under the laws of this state, t…

In the event that property is jointly owned, the signature of one (1) of the owners is sufficient for the purposes of this chapter.

The provisions of this section and §§ 18-44-202 — 18-44-210 shall not be construed to deprive or abridge materialmen, artisans, laborers, or mechanics of any rights and remedies given them by law, and the provisions of this section and §§ 18-44-202 — 18-44-210 shall be cumulative…

(a) Any person, corporation, firm, association, partnership, material man, artisan, laborer, or mechanic who when under contract, express or implied, made with the owner or lessee of any land, mine, or quarry, or the owner of any gas, oil, or mineral leasehold interest in land, o…

Any person, corporation, firm, association, partnership, or materialman who furnishes machinery, material, or supplies to a contractor or subcontractor or any person who performs labor under a subcontractor with a contractor, or who as an artisan or day laborer in the employ of a…

(a) The lien created by this section and §§ 18-44-201 — 18-44-203 and 18-44-205 — 18-44-210 shall apply in favor of any person, corporation, firm, association, or partnership who shall furnish any material, machinery, or supplies or perform any labor in the erection, operation, o…

The provisions of § 18-44-103 shall not apply to liens created by this subchapter, and in foreclosures under this section and §§ 18-44-201 — 18-44-204 and 18-44-206 — 18-44-210, all the right, title, and interest of the leaseholder shall be subjected to the lien created by it.

(a) (1) The lien given in this section and §§ 18-44-201 — 18-44-205 and 18-44-207 — 18-44-210 against the land or leasehold interest in the land, on the oil pipeline or gas pipeline, including the right-of-way, on any lease for oil and gas purposes, including the buildings and ap…

(a) As between the various liens provided by §§ 18-44-202 — 18-44-204, that given common laborers shall be superior to all other liens perfected under this section and §§ 18-44-201 — 18-44-206 and 18-44-208 — 18-44-210. (b) The term “common laborer” shall mean not only persons ac…

(a) Except as expressly provided in this section and §§ 18-44-201 — 18-44-207 and 18-44-209 — 18-44-210, the lien created under the provisions of these sections shall be construed, established, preserved, and enforced in like manner and in the same time as liens of mechanics are …

(a) When the lien provided for in this section and §§ 18-44-201 — 18-44-208 and 18-44-210 shall have attached to the property covered thereby, neither the owner of the land nor the owner of the oil, gas, or mineral leasehold interest therein, the owner of any gas pipeline or oil …

Nothing in §§ 18-44-201 — 18-44-209 shall be construed to fix a greater liability against the owner of the land or leasehold interest in the land than the price or sum stipulated to be paid in the contract under which the material is furnished or labor performed.

(a) (1) Any person working in or about the drilling or operation of any oil or gas well or any well being drilled for oil or gas in this state shall have a lien upon the output and production of the oil or gas well for the amount due for his or her work.(2) In addition, his or he…

The provisions of this subchapter shall not be construed to deprive or abridge materialmen, artisans, laborers, or mechanics of any rights and remedies given them by law, and the provisions of this subchapter shall be cumulative of the present lien laws of this state, except as r…

(a) Any person, corporation, firm, association, or partnership, designated as a trucking contractor or teaming contractor and engaged in the hauling of oil field equipment used in, or about, the drilling of oil and gas wells or the operation of oil or gas leases in the production…

(a) The lien given in this subchapter against the land, or leasehold interest in the land, and against the oil pipeline or gas pipeline, including the pipeline right-of-way, the lease for oil or gas purposes, including the buildings and appurtenances situated on the land, the mat…

(a) The lien created in this subchapter shall be construed, established, preserved, and enforced in like manner and in the same time as liens of mechanics are construed, established, preserved, or enforced. (b) When the trucks, teams, tractors, draglines, or other equipment, and …

(a) Whenever any person shall remove any property subject to a lien under this subchapter to a county other than the one in which the lien has been filed, the lienholder, within ninety (90) days thereafter, may file an itemized inventory of the property so removed, showing how mu…

(1) There shall be a lien on the railroad for the labor, materials, machinery, fixtures, board, provisions, supplies, loss, damage, and services upon the roadbed, buildings, equipment, income, franchise, right-of-way, and all other appurtenances of the railroad for:(1) Every mech…

A lien created under § 18-44-401 shall be superior and paramount to that of all persons interested in the railroad as managers, lessees, mortgagees, trustees, beneficiaries under trusts, or owners, whether prior in time or not.

The lien mentioned in § 18-44-401 shall not be effectual unless suit is brought upon the claim or unless the claim is filed by order of court with the receiver of the railroad within one (1) year after the claim has accrued.

The lien shall be mentioned in the judgment rendered for claimant in the ordinary suit for the claim, or in any order of court allowing such claim as a just charge against any railroad in the hands of a receiver.

The lien may be enforced by ordinary levy and sale under final or other process at law or equity.

(a) As used in this subchapter:(1) “Construction contract” means a contract for the construction, erection, alteration, demolition, or repair of a building, structure, or improvement;(2) “Public construction contract” means a contract for the construction, erection, alteration, d…

This subchapter shall not apply to any contract executed by the Arkansas Department of Transportation.

(a) A public construction contract in a sum exceeding fifty thousand dollars ($50,000) shall not be entered into by the State of Arkansas or any subdivision of the state, by any county, municipality, school district, or other local taxing unit, or by any agency of the state, a su…

(a) A construction contract in any sum exceeding twenty thousand dollars ($20,000) shall not be entered into by any church, religious organization, charitable institution, or by any agency of the church, religious organization, or charitable institution, unless the contractor fur…

(a) A real estate construction contract between private parties may require the contractor to furnish to the party letting the real estate construction contract a:(1) Payment bond in a sum equal to the amount of the real estate construction contract for the benefit of all persons…

(1) The payment bond or performance bond required or authorized in this subchapter shall be:(1) Executed by a solvent corporate surety company authorized to do business in the State of Arkansas; and(2) Conditioned that the contractor shall:(A) Perform his or her obligations under…

(a) The contractor shall file the payment bond with the circuit clerk of the county in which the construction work is to take place before the commencement of the construction work required under the construction contract, public construction contract, or real estate construction…

(a) All persons, firms, associations, and corporations who have valid claims against the payment bond or performance bond may bring an action thereon against the corporate surety. (b) An action shall not be brought on a payment bond after one (1) year from the date of whichever o…

(a) All mechanics and artisans who are in possession of articles of personal property, and hold them by virtue of a lien thereon for labor and material, shall have a right to sell them for the satisfaction of the debt for which the personal property is held. (b) (1) Lienholders s…

All blacksmiths, horseshoers, wheelwrights, automobile repairmen, airplane repairmen, machine shops, farm implement repairmen, automotive storagemen, firms, and corporations who perform, or have performed, work or labor for any person, firm, or corporation, who have furnished any…

(a) The lien provided for in this subchapter shall take precedence over, and be superior to, any mortgage or other obligation attaching against the property in all cases in which the holder of the mortgage or other obligation shall permit the property to remain in the possession …

Any person, firm, or corporation having a lien under the provisions of this subchapter and retaining possession of the wagon, carriage, automobile, truck, tractor, airplane, motor-propelled conveyance, or other article repaired, or on horses or other animals shod by them, by virt…

(a) (1) The sale shall not take place until the expiration of thirty (30) days from the date the lienholder makes demand for the debt by certified letter addressed to the last known residence or post office address of the debtor as required by subsection (c) of this section.(2) (…

(a) The lienholder shall file with the circuit clerk in the county in which the lienholder is situated a notice under § 18-45-204 to be posted. (b) (1) The lienholder shall:(A) Determine the fair market value of the property to be sold; and(B) File a bond with the circuit clerk i…

(a) (1) If the lienholder has voluntarily parted with possession of any property upon which he or she has a lien under the provisions of this subchapter, he or she may still avail himself or herself of the lien within one hundred twenty (120) days after the work or labor is done …

(a) Liens accruing under this subchapter may be enforced at any time within eighteen (18) months after the accounts are filed by suits in the circuit or district court. (b) (1) If the lienholder has parted with possession of any property upon which he or she claims a lien under t…