# Arkansas — State public works payment and performance bond thresholds (Little Miller Acts)

For Arkansas, payment bond threshold is all public works exceeding $20,000; bond amount is A sum equal to the amount of the contract; claim deadline is No action shall be brought on the bond after six months from the final payment on the job; preliminary notice required is No special statutory provision; statutory citation is Arkansas Code Annotated, Title 18, Subtitle 4, Chapter 44, Subchapter 5, §§18-44-501 to 18-44-508; Title 22, Chapter 9, Subchapter 4, §§22-9-401 to 22-9-405, verified against its source on 2026-08-17.

- **State:** Arkansas _(our reading, not quoted from the source)_
- **Payment bond threshold:** all public works exceeding $20,000 _(verified: appears in the quote below)_
- **Bond amount:** A sum equal to the amount of the contract _(verified: appears in the quote below)_
- **Claim deadline:** No action shall be brought on the bond after six months from the final payment on the job _(verified: appears in the quote below)_
- **Preliminary notice required:** No special statutory provision _(verified: appears in the quote below)_
- **Statutory citation:** Arkansas Code Annotated, Title 18, Subtitle 4, Chapter 44, Subchapter 5, §§18-44-501 to 18-44-508; Title 22, Chapter 9, Subchapter 4, §§22-9-401 to 22-9-405 _(verified: appears in the quote below)_

## What the source says

> ARKANSAS Note: In Arkansas, special bond statutes are passed because contractors cannot create a lien against a public property when working for a public entity. Arkansas has passed two statutes concerning bonds. The first act was passed in 1911, and is codified under the Mechanic’s and Materialmen’s Liens section of the Arkansas Code. The second act was passed in 1929 and is in the Public Property/Public Works section of the Arkansas Code. These two statutes do not require two separate bonds, and have been interpreted to be one whole statute by the Arkansas courts ( Berry Asphalt Co. v. W. Sur. Co., 223 Ark. 344, 266 S.W.2d 835 (1954)). Amount of Bond: A sum equal to the amount of the contract on all public works exceeding $20,000 (§18-44-503). Labor and Material Covered: All labor and material furnished in the prosecution of the contract to execute and deliver the contract, except Arkansas Department of Transportation contracts (§18-44-502). The statute covers all surety bonds required by the state and provides that these bonds shall be liable on all claims for labor and materials entering into the construction, or necessary to or used in the course of construction of the public improvements (§18-44-506). Notice Required: No special statutory provision. However, if a bond is not provided by the contractor on construction projects for churches, religious organizations and charitable institutions as required by Ark. Code Ann. §18-44-504, lien claimants must adhere to the notice and timing requirements set out in the lien statutes ( St. Matthews Church v. White, 172 Ark. 1152, 291 S.W. 977 (1927); S. Cent. Dist. of the Pentecostal Church of God of Am., Inc. v. Bruce-Rogers Co., 269 Ark. 130, 599 S.W.2d 702 (1980)), cf. Leonards v. E.A. Martin Mach. Co. , 321 Ark. 239, 245, 900 S.W.2d 546, 550 (1995). Time for Suit: No action shall be brought on the bond after six months from the final payment on the job, unless it is a project on which the Arkansas Building Authority approves final payment on the state contract, in which case the suit must be filed within 12 months from the date that Arkansas Building Authority approves final payment. Additionally, no action shall be brought outside the State of Arkansas (§18-44-503; §18-44-508). To avoid controversy, bond claimants should follow the six-month statute of limitations. No action shall be brought on a bond furnished by a public works contractor after one year from the date final payment is made on the contract (§22-9-403). Statutory Bonds Versus Common Law Bonds: The Arkansas courts distinguish statutory bonds and common law bonds in determining the applicable statute of limitations. Bonds covering claims for labor and materials contributed on a public project as required under Arkansas law are considered to be statutory bonds. ( Berry Asphalt Co. v. W. Sur. Co ., 223 Ark. 344 (1954)). Claims on statutory bonds for payment of materials or labor furnished on a public project are limited by the one-year limitations period contained in the statutes. (§22-9-403; §18-44-503). Common law bonds are not only for the purpose of securing payment for materials and labor, but rather, they also assure the owner that the contractor will perform and complete the project in a proficient workmanlike manner. ( Berry Asphalt Co. v. W. Sur. Co ., 223 Ark. 344 (1954)). Claims on performance bonds are subject to the common law limitations period. ( Berry Asphalt Co. v. W. Sur. Co ., 223 Ark. 344 (1954)). If a bond provides greater coverage than that set out in Ark. Code Ann. §22-9-401, then the bond is a common law bond not covered by statute, and a bond claimant is not bound by the one-year limitation. ( U.S. Fid. and Guar. Co. v. Little Rock Quarry Co ., 309 Ark. 269, 830 S.W.2d 362 (1992)). Contracts Excluded: Under $20,000. However, for charitable institutions, only contracts under $1,000 are excluded (§18-44-503; §18-44-504). Penalty for Failure to Take Bond: No special statutory provision. Surety Company: The bonds must be made by surety companies authorized to do business in Arkansas (§18-44-506). Bond from a Particular Source: It is a Class A misdemeanor for any person to require a bidder or contractor to purchase a surety bond from a particular insurance company or surety company, agent, or broker (§22-9-405). Statutory Citation: Arkansas Code Annotated, Title 18, Subtitle 4, Chapter 44, Subchapter 5, §§18-44-501 to 18-44-508; Title 22, Chapter 9, Subchapter 4, §§22-9-401 to 22-9-405.

## Source

- https://fullertonlaw.com/50-state-summary-payment-bond-law

Last verified: 2026-08-17. Review by: 2027-08-17.
Part of [State public works payment and performance bond thresholds (Little Miller Acts)](https://referencesource.org/state-public-works-bond-thresholds/).