16-60-107. Contract actions by resident subcontractor, supplier, or materialman against nonresident prime contractor or subcontractor — Affidavit of contractor.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-60-107. Contract actions by resident subcontractor, supplier, or materialman against nonresident prime contractor or subcontractor — Affidavit of contractor.

16-60-107. Contract actions by resident subcontractor, supplier, or materialman against nonresident prime contractor or subcontractor — Affidavit of contractor. (a) A civil action in contract by a resident subcontractor, supplier, or materialman against a prime contractor or subcontractor who is a nonresident of this state or who is a foreign corporation may be brought in the county in which the plaintiff resided at the time the cause of action arose. (b) When a judgment is recovered in a civil action in contract against a nonresident prime contractor or subcontractor, the prevailing party is entitled to an attorney's fee in the amount to which he or she is entitled by contract or, if an amount is not fixed, a reasonable compensation for the services rendered by the attorney on behalf of the prevailing party. (c) The prevailing party in a civil action in contract is also entitled to recover costs and fees paid, as well as interest at the rate of ten percent (10%) on the balance due from the date the prime contractor received his or her final payment. (d)(1) A foreign corporation providing services in this state shall furnish, before receiving payment for its services, or in the case of installment payment, before receiving the last installment, a sworn affidavit to the person or entity employing the foreign corporation stating that all subcontractors have been paid in full. (2) A person signing a sworn affidavit under subdivision (d)(1) of this section when in fact all subcontractors have not been paid in full upon conviction is guilty of a Class D felony.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-60-107

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.