54-1902. 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 building safety, 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.
History:
[54-1902, added 1941, ch. 115, sec. 2, p. 212; am. 1955, ch. 223, sec. 2, p. 480; am. 1982, ch. 147, sec. 2, p. 410; am. 1999, ch. 201, sec. 2, p. 531; am. 2001, ch. 300, sec. 2, p. 1087; am. 2002, ch. 127, sec. 1, p. 355.]
Structure Idaho Code
Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES
Chapter 19 - PUBLIC WORKS CONTRACTORS
Section 54-1901 - LEGISLATIVE INTENT — DEFINITIONS.
Section 54-1902 - UNLAWFUL TO ENGAGE IN PUBLIC WORKS CONTRACTING WITHOUT LICENSE — INVESTIGATIONS.
Section 54-1904 - CLASSES OF LICENSES — RIGHTS GRANTED UNDER LICENSES — FEES.
Section 54-1904B - RELIEF FROM BIDS.
Section 54-1904C - GROUNDS FOR RELIEF.
Section 54-1904D - PROHIBITION AGAINST FURTHER BIDDING.
Section 54-1904E - AWARD OF CONTRACT TO SECOND OR NEXT LOWEST BIDDER.
Section 54-1907 - DUTIES AND POWERS OF THE BOARD — SEAL.
Section 54-1908 - MEETINGS — QUORUM.
Section 54-1910 - EXAMINATIONS, QUALIFICATIONS AND APPLICATIONS.
Section 54-1911 - FILING, ISSUANCE AND DENIAL OF LICENSES — FEES NOT REFUNDED.
Section 54-1912 - EXPIRATION AND RENEWAL OF LICENSES — FEES.
Section 54-1913 - RECORDS, LISTS AND INFORMATION.
Section 54-1914 - ADMINISTRATIVE ENFORCEMENT PROCEEDINGS.
Section 54-1915 - PROCEDURE FOR IMPOSITION OF DISCIPLINE.
Section 54-1916 - JUDICIAL REVIEW — APPEALS PROCEDURE.
Section 54-1917 - RENEWAL OF SUSPENDED OR REVOKED LICENSE.
Section 54-1918 - SUBPOENAS AND PROCESS.
Section 54-1919 - REVOCATION BY COURT.
Section 54-1920 - PENALTIES — INJUNCTION.
Section 54-1920A - ENFORCEMENT.
Section 54-1921 - OCCUPATIONAL LICENSES FUND — RECEIPTS AND DISBURSEMENTS.
Section 54-1922 - ACT SUPERIOR TO ALL LAWS IN CONFLICT.
Section 54-1924 - SEPARABILITY.
Section 54-1925 - PUBLIC CONTRACTS BOND ACT — SHORT TITLE.
Section 54-1926A - USE OF GOVERNMENT OBLIGATIONS INSTEAD OF SURETY BONDS.
Section 54-1928 - LIABILITY OF PUBLIC BODY FOR FAILURE TO OBTAIN PAYMENT BOND.