Do I need to send the intent to file notice via certified mail also?
1 reply
Oct 29, 2019
Sending required notices in construction can be tricky business. First, there are a ton of different types of construction notices out there. And second, once you land on the notice that you want to send, the process of getting it "sent" or "filed" is very regulated, and you want to make sure you get it right.
The question here is not clear about the notice in question, but - seeing that this is a job in Arkansas - I'll make some presumptions and see if it can help.
You can read about Arkansas' construction & preliminary notice rules here: Arkansas Preliminary Notice FAQs.
As you'll see within that resource, preliminary notices are frequently required in Arkansas, and there is also an "Intent to Lien" requirement (the Arkansas Notice of Intent). You may want to consult these resources to double-check exactly what type of notice you need to send. Your question, however, is asking about how you need to send/file a notice in Arkansas.
Regarding these "intent to lien" notices, they do not need to be filed. You are only required to "send" or "deliver" the notices. More specifically: "the 10-day Notice of Intent to Lien, may be given by personal service, by any form of mail addressed to the person to be served with the mail, return receipt requested, restricted delivery, to addressee or agent of addressee, or by any means that provides written, third-party verification of delivery, e.g. overnight delivery service."
That's pretty broad. But, as you can see, the emphasis is on sending/delivering, and not "filing." There is no place to actually "file" this notice, even though the industry may commonly refer to it as "filing."
Also, if you want to make it easy, you can just fill out your Arkansas intent notice online and send it through Levelset.