§ 16-60-114 - Contract actions by resident subcontractor, supplier, or materialman against nonresident prime contractor or subcontractor -- Affidavit of contractor. - Arkansas Statutes

16-60-114. Contract actions by resident subcontractor, supplier, or materialman against nonresident prime contractor or subcontractor -- Affidavit of contractor.

(a) Contract actions by a resident subcontractor, supplier, or materialman against a prime contractor or subcontractor who is a nonresident of this state or who is a foreign corporation may be brought in the county in which the plaintiff resided at the time the cause of action arose.

(b) When any judgment is recovered in an action against the nonresident, the prevailing party shall be entitled to an attorney's fee in the amount to which he or she is entitled by contract or, if no amount is fixed, a reasonable compensation for the services rendered by the attorney on behalf of the prevailing party.

(c) The prevailing party shall also be entitled to recover costs and fees paid, as well as interest at the rate of ten percent (10%) on the balance due from the date the prime contractor received his or her final payment.

(d) (1) All foreign corporations providing services in this state shall furnish, prior to receiving payment for their services, or in the case of installment payment prior to receiving the last installment, a sworn affidavit to the person or entity employing the foreign corporations stating that all subcontractors have been paid in full.

(2) Any person signing such a sworn affidavit when in fact all subcontractors have not been paid in full shall be deemed guilty of a Class D felony.