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Last updated: General Arkansas performance bond information — confirm current requirements with the licensing authority.

Arkansas Performance BondArk. Code § 18-44-503

Bond threshold: $50,000.

Arkansas's $50,000 trigger is lower than the federal Miller Act's $150,000; state and local jobs are bonded at a smaller size than federal ones.

Prompt Submission
Pay Only When Issued
Quick answer
Arkansas's Little Miller Act (Ark. Code § 18-44-503) requires performance and payment bonds on covered public works contracts. The trigger: $50,000. Any cost here is an estimate; the surety sets the final price.
  • Who requires it: Arkansas public owners awarding covered public works contracts (Ark. Code § 18-44-503).
  • Amount: Payment bond: 100% of contract price (a payment bond equal to the contract amount).
  • Typical cost (estimate): about $500-$1,000 on a $50,000 contract with excellent credit, up to $2,500-$5,000 below 620. The surety sets the final price.
  • Timing: We submit complete applications to the carrier promptly; most quotes within one business day.
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Arkansas public works bonding at a glance

Bond threshold
$50,000
Controlling statute
Ark. Code § 18-44-503
Payment bond amount
100% of contract price (a payment bond equal to the contract amount)
Claim notice (sub-tier claimants)
A claimant with no contract, express or implied, with the prime contractor must give written notice to BOTH the contractor and its surety within 90 days after it last performed labor or furnished material or services. The notice must state the amount claimed and the name of the party supplied or worked for. Serve it by any means that gives written third-party verification of delivery to the contractor's residence, office, or place of business, or in any manner allowed for service of process. No preliminary notice is required.
Deadline to sue on the payment bond
Suit must be filed no later than 1 year from whichever comes first: final payment on the contract, or the prime contractor ceasing work on the contract (§ 18-44-508(b)). It cannot be brought outside Arkansas. No earliest-time-to-sue rule is stated, but the 90-day notice is a prerequisite.
Federal jobs in Arkansas
Miller Act (40 U.S.C. § 3131): bonds on federal contracts over $150,000

Source: Ark. Code § 18-44-503 and the claim statutes cited below.

Getting paid: Arkansas payment bond claims

On Arkansas public work, Ark. Code §§ 18-44-503, 18-44-508; §§ 22-9-401 to 22-9-403 makes the payment bond, not a lien on public property, the security for unpaid labor and materials.

Notice

A claimant with no contract, express or implied, with the prime contractor must give written notice to BOTH the contractor and its surety within 90 days after it last performed labor or furnished material or services. The notice must state the amount claimed and the name of the party supplied or worked for. Serve it by any means that gives written third-party verification of delivery to the contractor's residence, office, or place of business, or in any manner allowed for service of process. No preliminary notice is required.

Lawsuit deadline

Suit must be filed no later than 1 year from whichever comes first: final payment on the contract, or the prime contractor ceasing work on the contract (§ 18-44-508(b)). It cannot be brought outside Arkansas. No earliest-time-to-sue rule is stated, but the 90-day notice is a prerequisite.

Statute text: source 1, source 2, source 3. General information, not legal advice.

What a Arkansas performance bond costs

Premium on a $50,000 Arkansas contract (the trigger size):

How to get bonded for public work in Arkansas

Bid bond at bidding, performance and payment bonds at award: required on contracts over $50,000 under Ark. Code § 18-44-503.

Arkansas performance bond questions

Does Arkansas require a performance bond on public projects?

Yes, on covered public works contracts (Ark. Code § 18-44-503). The trigger: $50,000. Owners, lenders and bid documents can also require one by contract.

What is the Arkansas Little Miller Act threshold?

$50,000.

How much does a performance bond cost in Arkansas?

On a $50,000 Arkansas contract, typical ranges run about $500-$1,000 for excellent credit up to $2,500-$5,000 below 620. The issuing carrier sets the final price.

What is the deadline to sue on a Arkansas payment bond?

Suit must be filed no later than 1 year from whichever comes first: final payment on the contract, or the prime contractor ceasing work on the contract (§ 18-44-508(b)). It cannot be brought outside Arkansas. No earliest-time-to-sue rule is stated, but the 90-day notice is a prerequisite. (Ark. Code §§ 18-44-503, 18-44-508; §§ 22-9-401 to 22-9-403). Confirm the deadline against the statute and your contract before relying on it.

Do subcontractors have to give notice before a Arkansas payment bond claim?

A claimant with no contract, express or implied, with the prime contractor must give written notice to BOTH the contractor and its surety within 90 days after it last performed labor or furnished material or services. The notice must state the amount claimed and the name of the party supplied or worked for. Serve it by any means that gives written third-party verification of delivery to the contractor's residence, office, or place of business, or in any manner allowed for service of process. No preliminary notice is required. (Ark. Code §§ 18-44-503, 18-44-508; §§ 22-9-401 to 22-9-403).

How do I get an Arkansas performance bond?

Use the form on this page with the contract amount and the public owner.

What happens after I apply for a performance bond in Arkansas?

The carrier decides approval and the final premium; you pay only when the bonds are issued.

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Eric Drummond, Licensed Surety Producer
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Eric Drummond, Licensed Surety Producer
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