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18-44-108. Refusal to list parties doing work or furnishing materials.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-108. Refusal to list parties doing work or furnishing materials.
(a) The owner or proprietor, material supplier, subcontractor, or anyone interested as mortgagee or trustee in the real estate upon which improvements are made under this subchapter may apply at any time to the contractor or subcontractor for the following:
(1) A list of all parties doing work or furnishing material for a building and the amount due to each of the parties; and
(2) Certification that the owner or agent has received the preliminary notice specified under § 18-44-115(a), if applicable.
(b) Any contractor or subcontractor who, upon request, refuses or fails within five (5) business days to give a correct list of the parties furnishing material or doing labor on the building and the amount due to each or who falsely certifies that an owner or agent has received the preliminary notice specified under § 18-44-115 shall be:
(1) Guilty of a violation and upon conviction shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500); and
(2)(A) Subject to suit by an aggrieved party in the circuit court where the property is located to enforce subsection (a) of this section including without limitation by the contempt powers of the circuit court.
(B) The prevailing party in an action under this subdivision (b)(2) shall receive a judgment for any damages proximately caused by the violation of this subsection, the costs of the action, and a reasonable attorney's fee.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-108
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.
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Record provenance
Stable record: arkansas_code:legal_authorities:18-44-108
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 27ca555945cb689f0e76639f0b255e011f57c7e3a3b0c02edf3d6af33a59c73a
Source location: content.xml paragraph 8453
Stored source content
18-44-108. Refusal to list parties doing work or furnishing materials.
(a) The owner or proprietor, material supplier, subcontractor, or anyone interested as mortgagee or trustee in the real estate upon which improvements are made under this subchapter may apply at any time to the contractor or subcontractor for the following:
(1) A list of all parties doing work or furnishing material for a building and the amount due to each of the parties; and
(2) Certification that the owner or agent has received the preliminary notice specified under § 18-44-115(a), if applicable.
(b) Any contractor or subcontractor who, upon request, refuses or fails within five (5) business days to give a correct list of the parties furnishing material or doing labor on the building and the amount due to each or who falsely certifies that an owner or agent has received the preliminary notice specified under § 18-44-115 shall be:
(1) Guilty of a violation and upon conviction shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500); and
(2)(A) Subject to suit by an aggrieved party in the circuit court where the property is located to enforce subsection (a) of this section including without limitation by the contempt powers of the circuit court.
(B) The prevailing party in an action under this subdivision (b)(2) shall receive a judgment for any damages proximately caused by the violation of this subsection, the costs of the action, and a reasonable attorney's fee.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-115. Notice to owner by contractor — Definitions.
(a)(1) No lien upon residential real estate containing four (4) or fewer units may be acquired by virtue of this subchapter unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received, by personal delivery or by certified mail, a copy of the notice set out in this subsection.
(2) The notice required by this subsection shall not require the signature of the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent in an instance when the notice is delivered by certified mail.
(3) It shall be the duty of the residential contractor to give the owner, the owner's authorized agent, or the owner's registered agent the notice set out in this subsection on behalf of all potential lien claimants before the commencement of work.
(4) If a residential contractor fails to give the notice required under this subsection, then the residential contractor is barred from bringing an action either at law or in equity, including without limitation quantum meruit, to enforce any provision of a residential contract.
(5)(A) Any potential lien claimant may also give notice.
(B)(i) If before commencing work or supplying goods a subcontractor, material supplier, laborer, or other lien claimant gives notice under this section, the notice shall be effective for all subcontractors, material suppliers, laborers, and other lien claimants not withstanding that the notice was given after the project commences as defined under § 18-44-110(a)(2).
(ii) If the notice relied upon by a lien claimant to establish a lien under this subchapter is given by another lien claimant under subdivision (a)(5)(B)(i) of this section after the projec
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-115
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. The source passage cites 18-44-115. This identifies an authority to review, not proof of applicability.