Arkansas
Lien Waiver Forms
Arkansas Lien Waivers: No Statutory Form or Waiver Rules
State Rules
How Arkansas treats lien waivers
Arkansas does not prescribe a lien waiver form: the mechanics' and materialmen's lien chapter (Ark. Code Ann. § 18-44-101 et seq.) is silent on waivers entirely, so our general-purpose conditional and unconditional progress and final waiver forms apply, with no notarization required. Because there is no anti-waiver statute, advance waivers are permitted and an unconditional waiver may be enforced even if payment never arrives, which makes conditional waivers tied to actual payment the prudent default for claimants. Courts require the intent to waive to be clearly expressed and construe ambiguities against the party enforcing the waiver.
What to know about Arkansas lien waivers
- Arkansas has no lien waiver statute: advance waivers are permitted, and an unconditional waiver is likely enforceable even if the payment never actually arrives. Send conditional waivers while payment is pending and hold unconditional waivers until funds are in hand.
Arkansas lien waiver forms we generate
Four house forms cover every payment on an Arkansas project: conditional or unconditional, progress or final.
Conditional Waiver and Release of Lien: Progress Payment
Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.
Unconditional Waiver and Release of Lien: Progress Payment
Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.
Conditional Waiver and Release of Lien: Final Payment
Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.
Unconditional Waiver and Release of Lien: Final Payment
Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.
Arkansas has no statutory waiver form to download blank. The generator above fills in a general-purpose form with Arkansas's signing rules built in instead.
Signing a lien waiver in Arkansas
Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Arkansas, built into every waiver we generate.
Advance waivers
Arkansas has no lien waiver statute: the mechanics' and materialmen's lien chapter (Ark. Code Ann. § 18-44-101 et seq.) is silent on waivers, so advance waivers signed before work begins or before payment are permitted, and an unconditional waiver is likely enforceable even if payment was never actually made, provided the intent to waive is clearly expressed. Courts construe ambiguities against the party seeking to enforce the waiver.
Arkansas execution rules
- ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
- ✓ Notarization: not required in Arkansas.
- ✓ Witness: not required in Arkansas.
- ✓ E-signature: available. Send Arkansas waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.
Arkansas lien waiver questions
Which lien waiver forms does Arkansas use?
Do Arkansas lien waivers need to be notarized?
What is the difference between a conditional and an unconditional lien waiver in Arkansas?
What is the difference between a progress and a final lien waiver in Arkansas?
Is a lien waiver signed in advance enforceable in Arkansas?
Create a free Arkansas lien waiver
The correct Arkansas form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.
More Arkansas lien tools
Bordering states
Every state's waiver rules are different. Check before you sign.