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5-37-525. Defrauding a materialman.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-525. Defrauding a materialman.
(a) A person commits the offense of defrauding a materialman if, being the principal contractor or subcontractor, the person knowingly or wilfully with the purpose to defraud fails to pay any supplier or subcontractor for a material or good furnished to the project within thirty (30) days of final receipt of payment under the contract.
(b) Defrauding a materialman is a:
(1) Class D felony if the amount is equal to or greater than five thousand dollars ($5,000); or
(2) Class A misdemeanor if otherwise committed.
(c) This section does not apply to a principal contractor or subcontractor covered by § 22-9-101 et seq.
(d) It is an affirmative defense to prosecution under this section that the contractor or subcontractor has given notice of a dispute in a term, condition, payment, or quality of good to the contracting consumer or to the supplier or subcontractor, or the contractor has in good faith sought relief in federal court under the bankruptcy laws of the United States, prior to the expiration of the thirty (30) days after receipt of payment under the contract.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-525
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:5-37-525
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b67ca4e212b0333fe5f6697c414969128eb3f77e1b056b53f68764bd077d6a84
Source location: content.xml paragraph 17192
Stored source content
5-37-525. Defrauding a materialman.
(a) A person commits the offense of defrauding a materialman if, being the principal contractor or subcontractor, the person knowingly or wilfully with the purpose to defraud fails to pay any supplier or subcontractor for a material or good furnished to the project within thirty (30) days of final receipt of payment under the contract.
(b) Defrauding a materialman is a:
(1) Class D felony if the amount is equal to or greater than five thousand dollars ($5,000); or
(2) Class A misdemeanor if otherwise committed.
(c) This section does not apply to a principal contractor or subcontractor covered by § 22-9-101 et seq.
(d) It is an affirmative defense to prosecution under this section that the contractor or subcontractor has given notice of a dispute in a term, condition, payment, or quality of good to the contracting consumer or to the supplier or subcontractor, or the contractor has in good faith sought relief in federal court under the bankruptcy laws of the United States, prior to the expiration of the thirty (30) days after receipt of payment under the contract.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
22-9-101. Observation by registered professionals required.
(a) The state or a township, county, municipality, village, or other political subdivision of the state shall not engage in the capital improvement of public works involving engineering or architecture for which the plans, specifications, and estimates have not been made by and the capital improvement executed under the observation of a professional engineer as defined in § 17-30-101 or architect as defined in § 17-15-102, in their respective areas of expertise.
(b) Nothing in this section shall be held to apply to any public works wherein the contemplated capital improvement expenditure:
(1) For an engineering project does not exceed twenty-five thousand dollars ($25,000); or
(2) For an architectural project does not exceed one hundred thousand dollars ($100,000).
(c) This section does not apply to:
(1) A school district, county, municipality, or township project that is planned and executed according to plans and specifications furnished by authorized state agencies; or
(2)(A) The design or construction of an unpaved trail project as defined under § 22-2-102.
(B) The State Parks, Recreation, and Travel Commission shall ensure that an unpaved trail project created under this subdivision (c)(2) meets the standards for observation by registered professionals as established by the Building Authority Division.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-9-101
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 22-9-101. This identifies an authority to review, not proof of applicability.