reglab/housing_qa huggingface dataset:
AR Code § 22-9-204 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 2 - Award of Contracts|§ 22-9-204. Subcontractors exceeding $50,000 — Penalty

 (a) As a condition to performing construction work for and in the State of Arkansas, all prime contractors shall use no other subcontractors when the subcontractors' portion of the project is fifty thousand dollars ($50,000) or more, except those licensed by the Contractors Licensing Board and qualified in:  (1) Mechanical, indicative of heating, air conditioning, ventilation, and refrigeration;  (2) Plumbing;  (3) Electrical; and  (4) Roofing.    (b)  (1) In the event the prime contractor is qualified and licensed by the board, he or she may use his or her own forces to perform those tasks listed in this section as subcontractors in one (1) or more of the trades listed.  (2)  (A) A subcontractor, including the situation stated in subdivision (b)(1) of this section, may subcontract a portion of the listed work.  (B) However, a subcontractor is prohibited from subcontracting the work in its entirety.      (c)  (1) When the prime contractor makes a definite decision regarding the subcontractors he or she intends to use, he or she shall place the name of each subcontractor in a blank space provided on the form of proposal of his or her bid.  (2) In the event that one (1) or more of the subcontractors named by the prime contractor in his or her successful bid thereafter refuses to perform his or her contract or offered contract, the prime contractor may substitute another subcontractor licensed by the board after having obtained prior approval from the architect or engineer and the owner. Additional approval must be obtained from the Building Authority Division for capital improvement projects under its jurisdiction.    (d) The prime contractor shall submit written evidence that the substituted contractor is costing the same amount of money or less and, if costing less, that the savings will be deducted from the total contract of the prime contractor and rebated to the owner.  (e) It shall be mandatory that the mechanical, plumbing, electrical, and roofing subcontractors named on the form of proposal by the prime contractor awarded a contract under the provisions of this subchapter be given contracts by the prime contractor in keeping with their proposals to perform the items for which they were named.  (f)  (1) It shall be a violation of this section for any prime contractor to submit a bid listing unlicensed contractors or to use unlicensed contractors on a public works project if the listed work of the unlicensed contractors or portion of the unlicensed contractors' work is fifty thousand dollars ($50,000) or more.  (2) It shall be a violation of this section for any subcontractor who is not licensed by the board to contract to perform work on a public works project if the listed work of the subcontractor or portion of the subcontractor's work is fifty thousand dollars ($50,000) or more.  (3) The board has jurisdiction over violations of this subsection under § 17-25-103.
AR Code § 22-9-205 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 2 - Award of Contracts|§ 22-9-205. Public improvements generally — Interest on delinquent payments

 Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district enters into a contract covered by the provisions of §§ 22-9-202 — 22-9-204 for the making of repairs or alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project, and the contract provides that payment therefor shall be made upon completion and acceptance of the project, and the contractor, upon completion and approval of the project, presents a claim for payment of the amount due thereon in accordance with the terms of the contract, and the claim is not paid by the public authority within ninety (90) days from the date of presentation of the claim, then the public authority shall pay to the contractor interest at the rate of ten percent (10%) per annum on the unpaid amount due for all periods of time that the payment under the contract is not made subsequent to ninety (90) days after presentation of the claim.
AR Code § 22-9-207 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 2 - Award of Contracts|§ 22-9-207. Construction or purchase of memorial, statue, bust, etc

 Any state agency, department, board, commission, or other body having the authority to construct or purchase, or negotiate for the construction or purchase of, any memorial, statue, bust, monument, or other similar article which is to be paid for from public funds shall establish specifications for the object, take competitive bids on the cost of constructing or furnishing the object, and award the contract to furnish or construct the object to the lowest responsible bidder meeting the established specifications.
AR Code § 22-9-208 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 2 - Award of Contracts|§ 22-9-208. Renovation of historic sites — Legislative intent and construction

 (a) The General Assembly finds and determines that:  (1) The mandatory adherence to competitive bidding of all costs in altering, repairing, or renovating historic sites and structures has resulted in increased costs due to the inability of bidders to accurately determine on the basis of only an external examination of the historic sites and structures the exact quantity of labor, materials, and supplies necessary to meet the restoration standards;  (2) The State of Arkansas would conserve state revenues by giving agencies charged with restoring or maintaining historic properties authority to select the contractors on the basis of the lowest responsible bid price, the bidder's experience in like work, and the techniques he or she proposes to employ, and by giving the agencies authority to reimburse contractors on an actual cost basis for those cost components which cannot be accurately predetermined before undertaking the project; and  (3) The procedures provided in subdivision (a)(2) of this section should be applicable for specific projects only after review and approval by the Chief Fiscal Officer of the State, the Building Authority Division, the Secretary of the Department of Transformation and Shared Services, and the Legislative Council. Provided, however, projects undertaken by public institutions of higher education exempt from review and approval of the division shall not require review and approval by the secretary.    (b) In the event there is conflict between the provisions of this section and §§ 22-9-209 — 22-9-211 and the provisions of any other act insofar as the restoration of historic structures is concerned, the procedures set forth in this section and §§ 22-9-209 — 22-9-211 shall govern.
AR Code § 22-9-210 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 2 - Award of Contracts|§ 22-9-210. Renovation of historic sites — Award of contracts

 (a) The highest quality of restoration commensurate with reasonable costs and obtainable within available funds is considered to serve the best interests of the state. Cost, proposed method, and experience in similar work shall be considered by the agency as interrelated and inseparable factors in the award of a contract. Therefore, the award may be made other than to the lowest bidder. To permit evaluation of bidder qualifications, bid proposal documents shall include the following:  (1) The types of skills and numbers of persons of each skill needed to accomplish the work, together with the proposed rate of payment of each;  (2) The anticipated quantity of materials estimated to be required, together with the unit price for each;  (3) The proposed factor by which subdivisions (a)(1) and (2) of this section shall be multiplied to provide for overhead and profit;  (4) The calculations contained in subdivisions (a)(1), (2), and (3) of this section shall be extended and totaled to produce an estimated total cost for the project. Bid forms prepared by the contracting agencies shall be provided for the purpose of setting forth the calculations;  (5) A narrative statement of the methods and the techniques proposed for the restoration work;  (6) A listing of previous comparable projects completed by the bidder, including location, cost, date completed, and owner's name and address; and  (7) A resumé of the personal experience of the key supervisory personnel who will be directly involved in the execution of the project.    (b) No contract shall be awarded under the provisions of this section and §§ 22-9-208, 22-9-209, and 22-9-211 until the contracting agency has submitted copies of the invitation for bids, together with all proposals received and the agency's narrative statement of its evaluation and recommendations for approval, to the Chief Fiscal Officer of the State.
AR Code § 22-9-211 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 2 - Award of Contracts|§ 22-9-211. Renovation of historic sites — Payment

 (a) The contracting agency shall establish, as part of the contract, a maximum compensation for the project.  (b) Payment shall be based on the work actually done and the materials actually used.  (c) The contractor shall submit periodic invoices for labor, materials, and overhead and profit in accordance with the rates established in the bid proposal.
AR Code § 22-9-212 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 2 - Award of Contracts|§ 22-9-212. Public improvements generally — Trench or excavation safety systems

 (a) Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district, enters into a contract covered by the provisions of §§ 22-9-202 — 22-9-204 for the making of repairs or alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project in which the public work or public improvement construction project involves any trench or excavation which equals or exceeds five feet (5') in depth, the agency, county, municipality, school district, local taxing unit, or improvement district shall require:  (1) That the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 C.F.R. Part 1926, Subpart P, be specifically incorporated into the specifications for the project; and  (2) That the contract bid form include a separate pay item for trench or excavation safety systems to be included in the base bid.    (b) In the event a contractor fails to complete a separate pay item in accordance with the applicable provisions of subsection (a) of this section, the agency, county, municipality, school district, local taxing unit, or improvement district shall declare that the bid fails to comply fully with the provisions of the specifications and bid documents and will be considered invalid as a nonresponsive bid. The owners of the above-stated project shall notify the Safety Division of the Division of Labor of the award of a contract covered by this section.
AR Code § 22-9-213 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 2 - Award of Contracts|§ 22-9-213. Exemption of state projects from local regulation

 Public works construction projects conducted by the Building Authority Division or other state agencies are exempt from permit fees or inspection requirements of county or municipal ordinances.
AR Code § 22-9-401 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 4 - Contractors' Bonds|§ 22-9-401. Coverage

 (a) All surety bonds required by the State of Arkansas or any subdivisions thereof by any county, municipality, school district, or other local taxing unit, or by any agency of any of the foregoing for the repair, alteration, construction, or improvement of any public works, including, but not limited to, buildings, levees, sewers, drains, roads, streets, highways, and bridges shall be liable on all claims for labor and materials entering into the construction, or necessary or incident to or used in the course of construction, of the public improvements.  (b) Claims for labor and materials shall include, but not be limited to, fuel oil, gasoline, camp equipment, food for workers, feed for animals, premiums for bonds and liability and workers' compensation insurance, rentals on machinery, equipment, and draft animals, and taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of, or in connection with, wages earned by workers on the project covered by the bond.
AR Code § 22-9-402 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 4 - Contractors' Bonds|§ 22-9-402. Authorized bonding companies — Agents

 (a) All bonds enumerated in § 22-9-401 and bid bonds enumerated in § 19-4-1405 shall be made by surety companies that have qualified and are authorized to do business in the State of Arkansas and are listed on the current United States Department of the Treasury's Listing of Approved Sureties.  (b)  (1) The bonds shall be executed by a resident or nonresident agent.  (2) The resident or nonresident agent shall:  (A) Be licensed by the Insurance Commissioner to represent the surety company executing the bond; and  (B) File with the bond the power of attorney of the agent to act on behalf of the bonding company.
AR Code § 22-9-403 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 4 - Contractors' Bonds|§ 22-9-403. Statutory liability as integral part of bond — Limitation of action

 (a) The liability imposed by § 22-9-401 on any bond furnished by a public works contractor shall be deemed an integral part of the bond, whether or not the liability is explicitly set out or assumed therein.  (b)  (1) No action shall be brought on a bond after one (1) year from the date final payment is made on the contract, nor shall an action be brought outside the State of Arkansas.  (2) However, with respect to public works contracts where final approval for payment is given by the Building Authority Division or by an institution of higher education exempt from construction review and approval by the division, all persons, firms, associations, and corporations having valid claims against the bond may bring an action on the bond against the corporate surety, provided that no action shall be brought on the bond after twelve (12) months from the date on which the division or the public institution of higher education approves final payment on the state contract, nor shall any action be brought outside the State of Arkansas in accordance with § 18-44-503.
AR Code § 22-9-404 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 4 - Contractors' Bonds|§ 22-9-404. Subcontractor bonds

 (a)  (1) If required by the general contractor, each subcontractor must provide the general contractor with a payment and performance bond made by a surety company qualified under § 22-9-401 et seq., or a cash bond in a sum equal to the full amount of the subcontractor's bid on a portion of a public works contract when:  (A) The subcontractor is the low responsible bidder for that portion of the contract;  (B) The state, pursuant to § 22-9-204, requires the general contractor to list the subcontractor in the general contractor's bid; and  (C) The work value of the subcontractor's bid is in excess of fifty thousand dollars ($50,000).    (2) If the general contractor requires the subcontractor to provide a bond, the subcontractor shall provide the bond to the general contractor within five (5) days after the award of the contract by the general contractor to the subcontractor.    (b) If the subcontractor fails to provide a payment and performance bond when required by the general contractor, the subcontractor shall lose the bid and shall pay to the general contractor a penalty equivalent to ten percent (10%) of the subcontractor's bid or the difference between the low bid and the next responsible bid and the next responsible low bid, whichever is less, plus cost of recovery of the penalty, including attorney's fees. The purpose of this section is to compensate the general contractor for the difference between the low bid and the next responsible low bid.  (c) The general contractor may enforce this section by a civil action in circuit court.  (d) The provisions of this section shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets.
AR Code § 22-9-405 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 4 - Contractors' Bonds|§ 22-9-405. Prohibition on directed suretyship

 (a) It is unlawful for any contracting body referenced in § 22-9-401 or any person acting on behalf of such contracting body to require a bidder or contractor to obtain or procure any surety bond from any particular insurance company or surety company, agent, or broker or to include surety bonds in an owner-controlled insurance program.  (b) Any person who violates the provisions of this section is guilty of a Class A misdemeanor.
AR Code § 22-9-501 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 5 - Deposit of Securities|§ 22-9-501. Substitution of securities for retained payments — Contracts generally

 (a) Under any contract made or awarded by the state or by any public department or official thereof, including the construction, improvement, or repair of any and all ways, roads, or bridges with appurtenances which, by law, are under the supervision of the State of Arkansas or any political subdivision, the contractor may withdraw the whole, or any portion thereof, of the amount retained for payments to the contractor pursuant to the terms of the contract upon depositing with the Treasurer of State, except as provided in § 22-9-502, direct obligations of or obligations fully guaranteed by the federal government or any agency or department thereof, obligations of the State of Arkansas, obligations of any public housing authority, or certificates of deposit from federal or state banks or savings and loan associations.  (b) No amount shall be withdrawn in excess of the market value of the securities at the time of deposit or at the time of withdrawal.
AR Code § 22-9-502 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 5 - Deposit of Securities|§ 22-9-502. Substitution of securities for retained payments — Highway contracts

 (a) With respect to all contracts made or awarded by the State Highway Commission, including the construction, improvement, or repair of any and all roads and bridges with appurtenances which are, by law, under the supervision of the commission, a contractor may withdraw the whole, or any portion thereof, of the amount retained for payments to the contractor pursuant to the terms of the contract, upon making the deposits with the commission which are authorized in § 22-9-501 with respect to deposits to be made with the Treasurer of State.  (b) All powers and authorities vested in the Treasurer of State with respect to deposits to be made as authorized in this subchapter, with respect to contracts made or awarded by the commission, shall be equally applicable to the commission with respect to deposits made with the commission.  (c) The commission shall administer all powers vested in the Treasurer of State with respect to all deposits made in regard to contracts made or awarded by the commission.
AR Code § 22-9-503 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 5 - Deposit of Securities|§ 22-9-503. Assignment of retained payments

 (a) Any assignment of retained payments made by the contractor shall be honored by the Treasurer of State as part of the procedure to accomplish the substitution of securities under this subchapter, except that the assignment shall not be made without prior notification to the contracting agency of the state and the Treasurer of State.  (b) The assignment shall not impair the equitable rights of the contractor's surety in the retained payments or in the securities substituted therefor in the event of the contractor's default in the performance of the contract or in the payment of labor and material bills or other obligations covered by the surety's bond.
AR Code § 22-9-504 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 5 - Deposit of Securities|§ 22-9-504. Deductions by state pursuant to contract

 Any amount deducted by the state or by any public department or official thereof, pursuant to the terms of the contract, from the retained payments due the contractor shall be deducted first from that portion of the retained payments for which no security has been substituted and then from the proceeds of any deposited security. In the latter case, the contractor shall be entitled to receive interest, coupons, or income only from those securities which remain after the amount has been deducted.
AR Code § 22-9-505 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 5 - Deposit of Securities|§ 22-9-505. Powers and duties of Treasurer of State

 (a) The Treasurer of State shall have the power to enter into a contract or agreement with any state or national bank having a trust department located in Arkansas for the custodial care and servicing of any securities deposited with him or her pursuant to this subchapter.  (b) The services shall consist of the safekeeping of the securities and of all services required to effectuate the purposes of this subchapter.  (c) The Treasurer of State shall collect all interest or income, when due, on the obligations so deposited and shall pay the interest or income, when and as collected, to the contractor who deposited the obligations.  (d) If the deposit is in the form of coupon bonds, the Treasurer of State shall deliver each coupon as it matures to the contractor.
AR Code § 22-9-601 (2020)
2020 Arkansas Code|Title 22 - Public Property|Chapter 9 - Public Works|Subchapter 6 - Retainage|§ 22-9-601. Definitions

 As used in this subchapter:   (1) “Construction contract” means a contract between a public agency and a prime contractor which obligates the prime contractor to construct, repair, replace, or maintain improvements for the public agency;  (2) “Cost of the project” means the sum the public agency originally agrees to pay the prime contractor for performance of the contract plus any other sums the public agency agrees to pay the prime contractor for extra-cost items included in the construction project which were not included in the original contract;  (3) “Prime contractor” means the party which, individually or in concert with other prime contractors, establishes a direct contractual relationship with the public agency obligating the prime contractor to construct improvements for the public agency. Where applicable under the law, the prime contractor shall be a contractor licensed and in compliance with Arkansas law;  (4) “Progress payments” means the monthly estimates submitted by the prime contractor to the public agency for payment of that portion of the work completed, including stored materials and equipment purchased; and  (5) “Public agency” means the State of Arkansas or any of its agencies, departments, or institutions or any political subdivision of the state, or taxing unit, and includes any nonprofit corporation or association receiving public funds in whatever form, including grants, loans, and subsidies.