Ark. Code Ann. » Title 18 Chapter 44
Arkansas Code Annotated

Ark. Code Ann. § 18-44-107 (2026)

Subcontractors — Definitions

✓ current as of May 2026
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As used in this subchapter:

  1. “Contractor” means any person who contracts orally or in writing directly with a person holding an interest in real estate, or such person's agent, for the construction of any improvement to or repair of real estate;
  2. “Material supplier” means any person who supplies materials, goods, fixtures, or any other tangible item to the contractor or a subcontractor, or an individual having direct contractual privity with such persons;
  3. “Person” includes an individual, a partnership, a corporation, a limited liability organization, a trust, or any other business entity recognized by law; and
  4. “Subcontractor” means any person who supplies labor or services pursuant to a contract with the contractor, or to a person in direct privity of contract with such person.

History. Acts 1895, No. 146, § 24, p. 217; C. & M. Dig., § 6935; Pope's Dig., § 8897; A.S.A. 1947, § 51-625; Acts 1995, No. 1298, § 2.

Research References

Ark. L. Notes.

Circo, Put the Arkansas Construction Lien Notice Statute Out of Its Misery, 2008 Ark. L. Notes 3.

Case Notes

Contract with Owner or Agent.

Where the owner of land agreed to pay for materials to be furnished for the erection of a building and such materials were furnished in reliance upon such promise, the materialman is not a subcontractor but is entitled to recover upon an original undertaking. Leifer Mfg. Co. v. Gross, 93 Ark. 277, 124 S.W. 1039 (1910).

Person furnishing material to owner is not a subcontractor. Hess v. A.L. Ferguson Lumber Co., 155 Ark. 240, 244 S.W. 5 (1922).

Company furnishing material to agent of owner is not a subcontractor. Arkmo Lumber Co. v. Cantrell, 159 Ark. 445, 252 S.W. 901 (1923).

Subcontractor.

One who performs labor for a contractor is a subcontractor. Buckley v. Taylor, 51 Ark. 302, 11 S.W. 281 (1889) (decision under prior law).

Cited: Valley Metal Works, Inc. v. A.O. Smith-Inland, Inc., 264 Ark. 341, 572 S.W.2d 138 (1978).

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2007–2026 · leading case: Hammerhead Contracting & Dev., LLC v. Ladd, 2016 Ark. 162 (Ark. 2016).
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Hammerhead Contracting & Dev., LLC v. Ladd, 2016 Ark. 162 (Ark. 2016). · cites it 7× “The majority states that this is of no moment. I disagree. The majority’s interpretation effectively writes the statute out of the Arkansas Code, as there is no situation in which a general contractor will not be sheltered by the direct-sale exception.”
Bryant v. Cadena Contracting, Inc., 269 S.W.3d 378 (Ark. Ct. App. 2007). · cites it 12× “The trial court found that the mechanic's and materialmen's lien statute differentiates between classes of people within the construction industry and defines those terms under Ark.Code Ann. § 18-44-107 (Repl.2003). The trial court found that appellee was a subcontractor for…”
Aaron C. Sluyter & Cheryl Sluyter v. Wood Guys, LLC, 2021 Ark. App. 442 (Ark. Ct. App. 2021). · cites it 2× “” Under subsection (a)(8)(B), a sale is defined as a direct sale if: (i) The property owner orders materials or services from the lien claimant; and 9 Ark. Code Ann. § 18-44-107 (1) (Repl. 2015).”
HardHat Workforce Solutions, LLC v. OSS-JPOW Solar Power Servs., LLC; Jingoli Power, LLC; & Liberty Mut. Ins. Co. (E.D. Ark. 2026). · cites it 2× “Ark. Code Ann. § 18-44-107 . This statute permits real estate construction contracts to require a bond for the payment of subcontractors who may assert liens.”
— Ark. Code Ann. § 18-44-107(1) — 1 case
Hammerhead Contracting & Dev., LLC v. Ladd, 2016 Ark. 162 (Ark. 2016). “The majority states that this is of no moment. I disagree. The majority’s interpretation effectively writes the statute out of the Arkansas Code, as there is no situation in which a general contractor will not be sheltered by the direct-sale exception.”
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