Arkansas Contracting Law, Bonds & Unlicensed Practice
Arkansas backs its licensing law with a surety bond, per-day penalties, and a bar on enforcing contracts while unlicensed. This chapter covers the $10,000 bond, the daily penalty for unlicensed work, the bidding requirement, and the reach of the rules to subcontractors.
The $10,000 surety bond and license before bidding
An Arkansas commercial contractor must file a surety bond of $10,000 with the ACLB under A.C.A. §17-25-401. The bond protects the state and, in defined circumstances, those who deal with the contractor. Arkansas also requires the contractor to be licensed before submitting a bid on covered commercial work of $50,000 or more; a contractor cannot bid a covered project first and become licensed afterward. Bid documents typically require the license number.
Penalties for unlicensed contracting
Engaging in commercial contracting without the required Arkansas license is a violation that can be penalized in the range of $100 to $400 per day of the offense, and unlicensed contracting is treated as a misdemeanor. Because the penalty accrues daily, the exposure on a lengthy project can be substantial. These penalties are separate from the loss of contract-enforcement rights.
Enforcement rights and reach to subcontractors
An unlicensed contractor who performed covered commercial work is in a weak position to enforce the contract or collect through the courts, because the work was performed in violation of the licensing law. The rules reach subcontractors as well: a subcontractor whose portion of the project is $50,000 or more must hold the license, so a prime cannot cure a sub's lack of license. Both prime and covered subs must be properly licensed before the work.