API: make construct_array_type non-optional
- [x] closes #24860
- [ ] tests added / passed
- [x] Ensure all linting tests pass, see [here](https://pandas.pydata.org/pandas-docs/dev/development/contributing.html#code-standards) for how to run them
- [x] whatsnew entry

release note? whatsnew added

any idea whats going on with the 2 builds that keep failing?  usually these resolve themselves after a day or two > whatsnew added
> 
> any idea whats going on with the 2 builds that keep failing? usually these resolve themselves after a day or two

nopes