XIV. Miscellaneous

LibraryGuide to Arkansas Statutes of Limitations (2017 Ed.)

XIV. MISCELLANEOUS

A. ARBITRATION AND AWARD. An application to vacate an award shall be made by motion to the court within ninety (90) days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud, or other undue means, it shall be made within ninety (90) days after such grounds are known or should have been known. A.C.A. § 16-108-223(b).

B. BONDS.

1. Constable’s bond. No suit shall be brought on any bond of a constable after the expiration of four (4) years from its date. A.C.A. § 16-56-110(c).
2. Contractor’s bond. No person, firm, association, or corporation who has a valid claim against the bond on a contract for the repair, alteration, or erection of any building, structure, or improvement, public or private, shall bring an action on the bond after six (6) months from the date final payment is made on the contract. A.C.A. § 18-44-508.
3. Contractor’s bond: public works. No action shall be brought on a bond after one (1) year from the date final payment is made on a contract for a public works construction project. With respect to public works contracts where final approval for payment is given by the Arkansas Building Authority or by an institution of higher education exempt from construction review and approval by the Arkansas Building Authority, no action shall be brought on the bond after twelve (12) months from the date on which State Building Services or the public institution of higher education approves final payment on the state contract. A.C.A. § 22-9-403.
4. Contractor’s bond: repair, alteration, or erection of religious or charitable organization’s building. No actions against a contractor’s bond shall be brought after six (6) months from the completion of a church, hospital, orphanage, charitable institution, or benevolent institution. A.C.A. § 18-44-504.
5. Coroner’s bond. Actions on official bonds of coroners shall commence within four (4) years after the cause of action accrues. A.C.A. § 16-56-110(a).
6. Executor / administrator’s bond. Actions on bonds of executors and administrators shall be commenced within eight (8) years after the cause of action shall accrue, and not afterward. A.C.A. § 16-56-113.
7. Sheriff’s bond. Actions on official bonds of sheriffs shall commence within four (4) years after the cause of action accrues. A.C.A. § 16-56-110(a).

C. COUNTIES.

1. Allowed claims. Demand must be made upon the county clerk of the court in which the allowance is made within three (3) years from the date of the allowance and a warrant procured on the treasurer of the county in which the allowance shall have been made. A.C.A. § 14-23-109(a)(1).
2. Property sold contrary to law. Any taxpayer of the county may bring an action to cancel the sale [of real or personal property belonging to any county not made in accordance with the law] and to recover possession of the property sold within two (2) years from the date a sale is consummated. A.C.A. § 14-16-105(f)(1)(C)(i).

D. ELECTION CONTESTS.

1. Appeal of election results. An appeal to contest the determination of any election in any court of this state must be filed within seven (7) calendar days of the final certification of the election result as announced by a court as authorized by this subchapter, except in instances in which the Arkansas Constitution establishes a time frame for filing an appeal. A.C.A. § 7-5-810.
2. Complaint by candidate to contest election.
a. Affidavit. A complaint by a candidate to contest an election shall be verified by the affidavit of the contestant to the effect that he or she believes the statements to be true and shall be filed within twenty (20) days of the certification complained of. A.C.A. § 7-5-801(d).
b. Answer. The complaint shall be answered within twenty (20) days. A.C.A. § 7-5-801(e).
3. Complaint by citizens of illegality. If ten (10) reputable citizens of any county shall file a complaint with the circuit judge within twenty (20) days after any election alleging that illegal or fraudulent votes were cast, that fraudulent returns or certifications were made, or that the Political Practices Act was violated, the circuit judge, if in his or her opinion there is good ground to believe the charges to be true, shall convene a special term at once unless the regular term is in session or will convene within thirty (30) days. A.C.A. § 7-5-807(a).
4. Contest of state legislative offices.
a. State House of Representatives.
i. Election contest. For House election contests, the complaint shall be filed within fifteen (15) days after the election returns are certified by the county board of the election commissioners. A responsive pleading shall be filed by the House contestee within fifteen (15) days after receipt of the complaint, unless an earlier or later date is set by the commission for good cause shown. A.C.A. §
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