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Ark. Code Ann. § 22-9-403

Statutory liability as integral part of bond — Limitation of action

Applied in 1 court decision — leading case United States Fidelity & Guaranty Co. v. Little Rock Quarry Co. (1992)

Most recently applied in United States Fidelity & Guaranty Co. v. Little Rock Quarry Co. (May 1992)

Acts 1929, No. 368, § 3; 1935, No. 82, § 3; Pope's Dig., §§ 960, 7773, 8006, 8885; Acts 1957, No. 209, § 4; A.S.A. 1947, § 14-606; Acts 1997, No. 293, § 1; 2001, No. 496, § 1; 2…

(1) The liability imposed by § 22-9-401 on any bond furnished by a public works contractor shall be deemed an integral part of the bond, whether or not the liability is explicitly set out or assumed therein.

(2) No action shall be brought on a bond after one (1) year from the date final payment is made on the contract, nor shall an action be brought outside the State of Arkansas.

(3) However, with respect to public works contracts where final approval for payment is given by the Building Authority Division or by an institution of higher education exempt from construction review and approval by the division, all persons, firms, associations, and corporations having valid claims against the bond may bring an action on the bond against the corporate surety, provided that no action shall be brought on the bond after twelve (12) months from the date on which the division or the public institution of higher education approves final payment on the state contract, nor shall any action be brought outside the State of Arkansas in accordance with § 18-44-503.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.