XIV. Miscellaneous

• Library: Guide to Arkansas Statutes of Limitations (2022 Ed.)

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 and public works.

a. Payment bond actions must be filed within 1 year. An action shall not be brought on a payment bond after one (1) year from the date of whichever of the following occurs first, the date the:

(1) Final payment is made on the construction contract, public construction contract, or real estate construction contract;
(2) The principal contractor on the payment bond ceases work on the construction contract, public construction contract, or real estate construction contract. A.C.A. § 18-44-508(b)

i. 90-day notice required for persons without contract with contractor. Before bringing a civil action concerning a payment bond under this subchapter, a person having no contractual relationship with the contractor furnishing the bond, express or implied, shall give written notice to the contractor and his or her surety within ninety (90) days after the last date labor was performed or the last of the material or services for which the claim is based were furnished or supplied. A.C.A. § 18-44-508(d)

b. Performance bond actions that must be filed within 2 years. An action shall not be brought on a performance bond after two (2) years from whichever of the following occurs first, the date a principal contractor on the performance bond:

(1) Receives final payment under the construction contract, public construction contract, or real estate construction contract; or
(2) Ceases work on the construction contract, public construction contract, or real estate construction contract. A.C.A 18-44-508(c)

3. 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).
4. 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.
5. 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,

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