Arkansas Bond Claim Notice

State:
Multi-State
Control #:
US-CONST3
Format:
Word; 
Rich Text
Instant download

Description

This form may be completed and used by a subcontractor or supplier who has not been fully paid on a project and is seeking payment from the surety (insurer) under the terms of a payment bond. In construction, a payment bond is a bond on the general contractor to ensure payment to subcontractors and suppliers.

Keywords: Arkansas, bond claim notice, construction industry, public projects, private projects, suppliers, subcontractors, unpaid bills, filing requirements, deadline, lien rights, legal protection. Description: Arkansas Bond Claim Notice is a crucial document within the construction industry that allows suppliers and subcontractors to protect their rights to payment for materials and services provided on both public and private projects. It serves as a formal notification to the general contractor, surety, or project owner that there are outstanding unpaid bills. In Arkansas, the bond claim notice is necessary when a contractor or subcontractor has not received the full payment they are owed for the work performed. This notice is specifically utilized in situations where a payment bond has been issued by the project's general contractor or the property has been bonded by a public entity. The purpose of the bond is to ensure that the unpaid party has a legal avenue to seek compensation for their contributions. There are two primary types of Arkansas Bond Claim Notice depending on the nature of the project: 1. Public Projects: For construction projects financed by government entities, such as federal, state, or city entities, a bond claim notice must be filed within 120 days from the completion of the project. This notice is typically served upon the general contractor, surety, and the public entity involved in the project. 2. Private Projects: In the case of privately-owned projects that are bonded, the bond claim notice must be delivered to the general contractor and the surety within 75 days from the last date the claimant provided labor, materials, or services to the project. This notice informs them of the unpaid balances or bills and asserts the claimant's right to seek compensation. It is important to note that filing a bond claim notice does not automatically guarantee payment. However, it preserves the claimant's lien rights and enables them to take legal action if necessary. However, the failure to file the notice within the prescribed deadline may result in the loss of valuable legal protection. To properly file an Arkansas Bond Claim Notice, claimants must include specific information such as their name, address, and contact details, along with the general contractor's information, project details, a detailed description of the work performed, and the unpaid amount. It is recommended to consult with a legal professional or an experienced construction attorney to ensure the notice adheres to all filing requirements and deadlines in order to protect your rights to payment.

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FAQ

If the surety does not voluntarily pay the claim, a lawsuit must be filed against the payment bond surety as follows: (a) if the public entity files a notice of completion or cessation notice, thirty (30) days six plus (6) months after the notice is filed or (b) if neither a notice of completion or cessation is filed, ...

The Miller Act requires that prime contractors for the construction, alteration, or repair of Federal buildings furnish a payment bond for contracts in excess of $100,000. Other payment protections may be provided for contracts between $30,000 and $100,000.

Surety bonds generally cost 1-15% of the required bond amount.

When a performance bond is called and the claim has been deemed valid, a surety company will sometimes find a new contractor to complete the project. When this happens, a new contract is drafted with different terms and prices.

A bond claim means the claimant is alleging you haven't fulfilled an obligation of yours that may be covered under the bond.

Filing a Bond Claim The consumer will contact the surety directly to engage this process. Claims against a surety company may be filed by homeowners, any person damaged by a willful and deliberate violation of a construction contract or by employees damaged by the contractor's failure to pay wages.

Arkansas has a five year statute of limitation for any cause of action based on a written contract, duty or right. A.C.A. § 16-56-111. Actions based on oral contracts or torts must be commenced within three years after the cause of action accrues.

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A Notice of Intent to Make Bond Claim is not a required document, but it can be a powerful one. By sending this notice, a claimant... Get Form Now. Arkansas ... Sep 1, 2021 — How to File a Bond Claim in Arkansas · You must be in Place 3* or above to have lien rights. · Materials must actually be used at the project, and ...Dec 16, 2019 — You should serve a notice of intent upon the owner at least 10 days prior to filing the lien. Then, file the lien after last furnishing but ... Every state has different requirements and deadlines to file the bond claim. Some states require a Preliminary Notice to be sent before filing the bond claim. An underwriter (employee) that. “works directly” for the “Surety” need only sign the “bottom left” line and “indicate” that you're a “direct underwriter”. If applying for a bonded title on a motor vehicle, this form must be accompanied by a bill of sale and verification of the. Arkansas State Lien Law Guideline - Preliminary Notice, Interim Notice, Deadline to File Claim, Deadline to File Suit & Full Arkansas State Lien Summary. Notice Required: Written notice to the surety of the amount claimed to be due and the nature of the claim shall be sent by registered or certified mail 45 days ... In three simple steps, complete your mechanics lien on your own time in only 10 quick minutes. Once a time-consuming process for construction companies, ... If you file a lien, you need to provide proof of this service by affidavit and proof of mail delivery. The notice typically includes a description of the work ...

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Arkansas Bond Claim Notice