Ark. Code Ann. § 17-25-313 (2020)
License requirements to accompany invitation to bid
All architects and engineers preparing plans and specifications for work to be contracted in the State of Arkansas shall include in their invitation to bidders and in their specifications a copy of this chapter or such portions thereof as are deemed necessary to convey to the invited bidder, whether he or she is a resident of this state or not, the information that it will be necessary for him or her to have a certificate of license with the proper classification from the Contractors Licensing Board before his or her bid is submitted.
History. Acts 1965, No. 150, § 19; A.S.A. 1947, § 71-718; Acts 1999, No. 43, § 5.
Case Notes
In General.
The statute does not state that the bid of a party that does not have a contractor's license at the time of submission is void. Quality Fixtures, Inc. v. Multi-Purpose Facilities Bd., 337 Ark. 115, 986 S.W.2d 865 (1999).
No Private Right of Action.
Summary judgment dismissal of the contractor's suit was proper, because the contractor's construction of a natural-gas pipeline wherein space was leased fell squarely within the ambit of the statutory definition of contractor in § 17-25-101(a)(1), and § 17-25-103(d) did not violate Ark. Const. Art. II, § 13, when the statute did not abrogate the right of all contractors to bring suit, but denied that right only to those contractors who did not possess a license. To hold that a contractor could collect from an architect or engineer compensation that it could not otherwise recover would circumvent the clear intent of the statutory bar; thus, the Arkansas Supreme Court discerned no legislative intent for a private cause of action to arise under this section, and since there was no private right of action, it followed that a party could not be held vicariously liable for an alleged failure of its employees to give notice under this section. Cent. Okla. Pipeline, Inc. v. Hawk Field Servs., LLC, 2012 Ark. 157, 400 S.W.3d 701 (2012).