• Lien waivers may be used before work has been performed on the project.
• Generally, a lien waiver must be a clear and unambiguous expression of the lien holder’s intention to relinquish his lien.
• There is a possibility of an implied waiver of the right to assert a lien under a pay-if-paid clause, but such a claim has not been sustained in any reported Arkansas case.
• If the enforcement of a lien would be inequitable, an Arkansas Court would likely deny a lien to someone otherwise entitled to it.
• “Paid if Paid” is enforced if explicit.
• “Pay when Paid” suggests time for payment.
• Ark. Code Ann. § 22-9-205: Recognizes the enforceability of a "pay-when-paid" provision in a public contract. It does not address whether a "pay-when-paid" clause would create a condition precedent to the subcontractor's payment.

Retainage Provisions

Public

• Chapter 9 - Public Works, Subchapter 6 - Retainage, § 22-9-604 - Procedure. In the case of a construction contract entered into between a public agency and a contractor who is required to furnish a performance bond, the contractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the public agency retaining five percent (5%) to assure faithful performance of the contract.  If completion is based upon partial occupancy, any retention proceeds withheld shall be partially released within 30 days, proportionate to the value of the project. All sums withheld by the public agency shall be paid to the contractor within thirty (30) days after the construction contract has been completed. Retainage is not deducted from the part of a progress payment that includes the cost of materials or equipment stored on the job site.  A contractor may substitute securities in lieu of retainage. ARK. CODE ANN. § 22-9-501.