Seaside Pools, Inc. v. Robert Lee Curtis, Jr., and Sheila Dawn Curtis

── Seaside Pools, Inc. v. Robert Lee Curtis, Jr., and Sheila Dawn Curtis ── Court: Court of Appeals of Arkansas Date: April 22, 2026 Category: General Cite as 2026 Ark. App. 245 ARKANSAS COURT OF APPEALS DIVISION II No. CV-25-257 SEASIDE POOLS, INC. Opinion Delivered April 22, 2026 APPELLANT APPEAL FROM THE BENTON COUNTY CIRCUIT COURT V. [NO. 04CV-22-2183] ROBERT LEE CURTIS, JR., AND HONORABLE CHRISTINE SHEILA DAWN CURTIS HORWART, JUDGE APPELLEES REVERSED AND REMANDED BART F. VIRDEN, Judge Appellant Seaside Pools, Inc., entered into a contract with appellees Robert Lee Curtis, Jr., and Sheila Dawn Curtis for installation of a swimming pool. When the Curtises failed to pay in full, Seaside filed a lawsuit against the Curtises, initially seeking a lien and then breach of contract. The Benton County Circuit Court granted summary judgment to the Curtises, in part, because Seaside failed to provide the Curtises with a lien notice pursuant to Ark. Code Ann. § 18-44-115(a)(4) (Supp. 2017). Seaside argues that (1) it is not a “residential contractor” required to provide the lien notice; (2) Act 984 of 2021 should be applied retroactively; and (3) Act 808 of 2017 violates the Arkansas Constitution. Because we agree that Act 984 of 2021 should be applied retroactively, we reverse and remand.  I. Arkansas Code Annotated section 18-44-115 Arkansas Code Annotated section 18-44-115(a) (“the 2017 version”) provides in relevant part the following: (1) No lien upon residential real estate containing four (4) or fewer units may be acquired by virtue of this subchapter unless the owner of the residential real estate, the owner’s authorized agent, or the owner’s registered agent has received, by personal delivery or by certified mail, a copy of the notice set out in this subsection. .... (3) It shall be the duty of the residential contractor to give the owner, the owner’s authorized agent, or the owner’s registered agent the notice set out in this subsection on behalf of all potential lien claimants before the commencement of work. (4) If a residential contractor fails to give the notice required under this subsection, then the residential contractor is barred from bringing an action either at law or in equity, including without limitation quantum meruit, to enforce any provision of a residential contract. .... (8)(A) . . . [I]f the transaction is a direct sale to the property owner, the notice requirement of this subsection shall not apply, and the lien rights arising under this subchapter shall not be conditioned on the delivery and execution of the notice. (B) A sale shall be a direct sale only if: (i) The property owner orders materials or services from the lien claimant; and (ii) The lien claimant is not a home improvement contractor as defined by § 17- 25-502(2) or a residential building contractor as defined by § 17-25-502(3). Ark. Code Ann. § 18-44-115(a) (emphasis added). The notice referenced above, found at section 18-44-115(a)(7), reads as follows: IMPORTANT NOTICE TO OWNER 2  I UNDERSTAND THAT EACH CONTRACTOR, SUBCONTRACTOR, LABORER, SUPPLIER, ARCHITECT, ENGINEER, SURVEYOR, APPRAISER, LANDSCAPER, ABSTRACTOR, OR TITLE INSURANCE AGENT SUPPLYING LABOR, SERVICES, MATERIAL, OR FIXTURES IS ENTITLED TO A LIEN AGAINST THE PROPERTY IF NOT PAID IN FULL FOR THE LABOR, SERVICES, MATERIALS, OR FIXTURES USED TO IMPROVE, CONSTRUC