(a) The owner or proprietor, material supplier, subcontractor, or anyone interested as mortgagee or trustee in the real estate upon which improvements are made under this subchapter may apply at any time to the contractor or subcontractor for the following:
(1) A list of all parties doing work or furnishing material for a building and the amount due to each of the parties; and
(2) Certification that the owner or agent has received the preliminary notice specified under § 18-44-115(a), if applicable.
(b) Any contractor or subcontractor who, upon request, refuses or fails within five (5) business days to give a correct list of the parties furnishing material or doing labor on the building and the amount due to each or who falsely certifies that an owner or agent has received the preliminary notice specified under § 18-44-115 shall be:
(1) Guilty of a violation and upon conviction shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500); and
(2)
(A) Subject to suit by an aggrieved party in the circuit court where the property is located to enforce subsection (a) of this section including without limitation by the contempt powers of the circuit court.
(B) The prevailing party in an action under this subdivision (b)(2) shall receive a judgment for any damages proximately caused by the violation of this subsection, the costs of the action, and a reasonable attorney's fee.
Structure Arkansas Code
Subtitle 4 - Mortgages And Liens
Chapter 44 - Mechanics' and Materialmen's Liens
Subchapter 1 - General Provisions
§ 18-44-101. Liens on buildings, land, or boats
§ 18-44-102. Entire land subject to lien
§ 18-44-103. Improvements on leased land
§ 18-44-104. Liens for drain pipe or tile
§ 18-44-107. Subcontractors — Definitions
§ 18-44-108. Refusal to list parties doing work or furnishing materials
§ 18-44-109. Unlawful to use materials other than as designated
§ 18-44-110. Preference over prior liens — Exception
§ 18-44-113. Assignment of liens
§ 18-44-114. Notice and service generally
§ 18-44-115. Notice to owner by contractor — Definitions
§ 18-44-116. Service on nonresident or absconder
§ 18-44-118. Filing of bond in contest of lien
§ 18-44-119. Limitation of actions
§ 18-44-122. Contents of complaint
§ 18-44-124. Contractor to defend actions on liens by third persons — Liability
§ 18-44-126. Warning order for nonresident or absconding owners
§ 18-44-127. Trial and judgment
§ 18-44-131. Duty to enter satisfaction
§ 18-44-132. Penalty for failure to discharge lien after payment