The Arkansas Contractor Bond in Lieu of Financials is a type of surety bond that contractors can obtain instead of submitting financial statements during the licensing process. This bond ensures that contractors can still meet the licensing requirements while providing a guarantee to the Arkansas State Contractors Licensing Board (ASCLB) that they will operate in compliance with state regulations.
The bond essentially serves as a financial safeguard, assuring clients, subcontractors, and the licensing board that the contractor will fulfill their contractual obligations. If the contractor fails to meet these obligations, claims can be made against the bond, and the surety company backing the bond will cover the losses, up to the bond amount. However, the contractor is ultimately responsible for reimbursing the surety for any payouts.
Contractors who cannot or prefer not to submit financial statements when applying for their licenses typically need this bond. This may include:
New contractors who have not yet established a financial history.
Small contractors with limited financial resources.
Out-of-state contractors unfamiliar with Arkansas’s financial reporting requirements.
Contractors with privacy concerns who do not wish to disclose detailed financial information.
The Arkansas Contractor Bond in Lieu of Financials involves three parties:
Principal: The contractor who obtains the bond.
Obligee: The Arkansas State Contractors Licensing Board, which requires the bond.
Surety: The bond provider, typically a licensed bonding company, which guarantees payment of claims if the contractor fails to meet their obligations.
When a contractor opts for this bond, they pay a premium to the surety company, usually calculated as a percentage of the total bond amount. The bond amount is determined by the licensing board and depends on factors such as the scope of work and type of projects the contractor undertakes.
If the contractor violates the terms of the bond—for example, by failing to complete a project, violating licensing regulations, or committing fraud—a claim can be filed against the bond. The surety will investigate the claim and compensate the claimant if the claim is valid. The contractor, in turn, must repay the surety for the amount disbursed.
Simplified Licensing Process: For contractors who face difficulties in providing financial statements, the bond provides a straightforward alternative to fulfill licensing requirements.
Increased Access: It allows contractors with limited financial history or resources to obtain licenses and operate legally.
Client Confidence: The bond reassures clients that the contractor is backed by a financial guarantee, promoting trust and credibility.
Determine the Required Bond Amount: Check with the Arkansas State Contractors Licensing Board to understand the specific bond amount required for your license category.
Contact a Surety Provider: Choose a reputable bonding company licensed in Arkansas.
Submit an Application: Provide details about your business, including your experience, project history, and any other documentation requested by the surety.
Pay the Premium: Once approved, pay the premium to activate the bond.
Submit the Bond to the Licensing Board: Provide the original bond certificate to the Arkansas State Contractors Licensing Board as part of your license application.
The Arkansas Contractor Bond in Lieu of Financials provides a practical solution for contractors who face challenges meeting the financial requirements of the licensing process. It balances the need for regulatory compliance with the realities of operating in the construction industry. By securing this bond, contractors can focus on building their businesses while ensuring they adhere to state laws and maintain client trust.
The cost of the bond, or the premium, typically ranges from 1% to 10% of the total bond amount, depending on the contractor’s credit score, experience, and the surety’s underwriting criteria.
Yes, many surety companies provide bonds to contractors with poor credit, though the premium may be higher. Working with a specialized surety broker can help you find the best options.
No, the bond premium is non-refundable, even if the bond is canceled before its term expires. Be sure to confirm the terms with your surety provider before purchase.