TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 19

PUBLIC WORKS CONTRACTORS

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 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.

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; am. 2023, ch. 15, sec. 46, p. 102.]