TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 19

PUBLIC WORKS CONTRACTORS

54-1920.  Penalties. (1) Any person, firm, copartnership, corporation, limited liability company, limited liability partnership, association or other organization acting in the capacity of a public works contractor within the meaning of this chapter, without a license as herein provided or fails to comply with the provisions of subsection (1), (2) or (3) of section 67-2310, Idaho Code, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed five thousand dollars ($5,000) or by imprisonment in the county jail for a term not to exceed one (1) year or by both such fine and imprisonment, at the discretion of the court. The same penalties shall apply, upon conviction to any member of a copartnership, or to any construction, managing or directing officer of any corporation, limited liability company or limited liability partnership, or other organization consenting to, participating in, or aiding or abetting any such violation of this chapter.

(2)  Every public officer who knowingly lets a public contract to any person, firm, copartnership, corporation, limited liability company, limited liability partnership, association or other organization who does not hold a license as required by the provisions of this chapter or knowingly fails to comply with the provisions of subsection (1) or (2) of section 67-2310, Idaho Code, shall be guilty of a misdemeanor and upon conviction, punishable as provided in this section, unless, however, there be no qualified bidder willing to undertake the public works covered by the contract. No person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action in any court of this state for the collection of compensation for the performance of any act or contract for which a license is required by this chapter without alleging and providing that he was a duly licensed contractor at all times during the performance of such act or contract.

History:

[54-1920, added 1941, ch. 115, sec. 21, p. 212; am. 1955, ch. 223, sec. 8, p. 480; am. 1969, ch. 18, sec. 5, p. 30; am. 1999, ch. 201, sec. 22, p. 544; am. 2000, ch. 318, sec. 2, p. 1074; am. 2002, ch. 127, sec. 2, p. 356; am. 2007, ch. 127, sec. 2, p. 383; am. 2026, ch. 221, sec. 91, p. 974.]