Idaho Code
Idaho Code

Idaho Code § 54-1902 (2026)

Unlawful to engage in public works contracting without license — Investigations. 

✓ current as of May 2026
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Unlawful to engage in public works contracting without license — Investigations. 

(1) It shall be unlawful for any person to engage in the business or act in the capacity of a public works contractor within this state without first obtaining and having a license issued pursuant to the provisions of this chapter by the administrator of the division of occupational and professional licenses, unless such person is particularly exempted as provided in this chapter.

(2)  It shall be unlawful for any public works contractor to subcontract in excess of eighty percent (80%) of the work under any contract to be performed by him as such public works contractor according to the contract prices therein set forth, unless otherwise provided in the specifications of such contracts.
(3)  Except as provided in subsection (4) of this section, it shall be unlawful for any public works contractor to:
(a)  Accept a bid from any person who at that time does not possess the appropriate license for the project involved; or
(b)  Accept bids to sublet any part of any contract for specialty construction from a specialty contractor who at that time does not possess the appropriate license in accordance with this chapter.
(4)  No contractor shall be required to have a license under this chapter in order to submit a bid or proposal for contracts for public works financed in whole or in part by federal aid funds, provided that, at or prior to the award and execution of any such contract by the state of Idaho or any other contracting authority mentioned in this chapter, the successful bidder has secured a license as provided in this chapter.
(5)  The administrator may, upon his own motion or at the direction of the board, and shall, upon the verified written complaint of any person, investigate allegations of unlicensed practice of public works contracting.
Notes of Decisions
Cited in 6 cases, 1978–2017 · leading case: Trees v. Kersey, 56 P.3d 765 (Idaho 2002).
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Trees v. Kersey, 56 P.3d 765 (Idaho 2002). · cites it 6× “Idaho Code § 54-1902 provides: It shall be unlawful for any person to engage in the business or act in the capacity of a public works contractor within this state without first obtaining and having a license therefor, as herein provided, unless such person is particularly…”
Harris, Inc. v. Foxhollow Constr. & Trucking, Inc., 264 P.3d 400 (Idaho 2011). · cites it 6× “I.C. § 54-1902(2). Furthermore, it is “unlawful for any public works contractor to: (a) Accept a bid from any person who at that time does not possess the appropriate license for the project involved; or (b) Accept bids to sublet any part of any contract for specialty…”
Barry v. Pac. West Constr., Inc., 103 P.3d 440 (Idaho 2004). · cites it 4× “There is evidence supporting the district court’s finding that the scope of the work and the other terms necessary for contract formation were agreed upon and that the parties acted pursuant to that agreement.”
Beco Constr. Co. v. City of Idaho Falls, 865 P.2d 950 (Idaho 1993). · cites it 4× “Specifically, Beco identifies I.C. §§ 54-1902, -1904, -1907, -1910, -1915 to -1919 and -1926 as obviating the need for a city to determine whether a contractor is responsible.”
McKay Constr. Co. v. Ada Cnty. Bd. of Cnty. Commissioners, 580 P.2d 412 (Idaho 1978). · cites it 12× “§ 54-1902 [7] for any person not particularly exempted "to engage in the business or act in the capacity of a public works contractor within this state without first obtaining and having a license therefor." A "public works contractor" is defined in subsection (b) of I.”
Val & Laree Westover v. Jase Cundick, 393 P.3d 593 (Idaho 2017). · cites it 2× “§ 54-1926 requires a bond executed by a surety authorized to do business in Idaho, and the county was not at liberty to waive that requirement in favor of some alternative form of security;” and (2) ‘Whitmore was not eligible to bid on or receive the county’s sanitary landfill…”
— Idaho Code § 54-1902(2) — 1 case
Harris, Inc. v. Foxhollow Constr. & Trucking, Inc., 264 P.3d 400 (Idaho 2011). “I.C. § 54-1902(2). Furthermore, it is “unlawful for any public works contractor to: (a) Accept a bid from any person who at that time does not possess the appropriate license for the project involved; or (b) Accept bids to sublet any part of any contract for specialty…”
— Idaho Code § 54-1902(3) — 1 case
Harris, Inc. v. Foxhollow Constr. & Trucking, Inc., 264 P.3d 400 (Idaho 2011). “I.C. § 54-1902(2). Furthermore, it is “unlawful for any public works contractor to: (a) Accept a bid from any person who at that time does not possess the appropriate license for the project involved; or (b) Accept bids to sublet any part of any contract for specialty…”
— Idaho Code § 54-1902(4) — 1 case
Harris, Inc. v. Foxhollow Constr. & Trucking, Inc., 264 P.3d 400 (Idaho 2011). “I.C. § 54-1902(2). Furthermore, it is “unlawful for any public works contractor to: (a) Accept a bid from any person who at that time does not possess the appropriate license for the project involved; or (b) Accept bids to sublet any part of any contract for specialty…”
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