Ark. Code Ann. » Title 18 Chapter 44
Arkansas Code Annotated

Ark. Code Ann. § 18-44-508 (2026)

Actions — Limitations

✓ current as of May 2026
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  1. All persons, firms, associations, and corporations who have valid claims against the bond may bring an action thereon against the corporate surety.
  2. No action shall be brought on the bond after six (6) months from the date final payment is made on the contract, nor outside the State of Arkansas.

History. Acts 1953, No. 351, § 5; A.S.A. 1947, § 51-636.

Cross References. Actions on bonds, § 16-107-201 et seq.

Case Notes

Contractual Limitations.

Where contractual limitation in a contractor's bond provided a shorter time limitation than this section provided, the longer statutory period was controlling. Hartford Accident & Indem. Co. v. Stewart Bros. Hdwe. Co., 285 Ark. 352, 687 S.W.2d 128 (1985).

Final Payment.

The final payment as used in this section means the last payment and where a retainage is retained the payment of less than 100% on the finish of the contracted construction would not constitute the final payment within the meaning of this section; the limitation for an action on the bond would run from the date of the payment of the amount retained. Tucker Paving Corp. v. Armco Steel Corp., 242 Ark. 49, 411 S.W.2d 888 (1967).

Interim payment made on a contract was not a final payment within meaning of this section and supplier of construction materials was not, therefore, bringing suit under a performance bond where the suit was not filed within six months from the date such interim payment was made. Credit Gen. Ins. Co. v. Atlas Asphalt, Inc., 304 Ark. 522, 803 S.W.2d 903 (1991).

Parties.

Contractor was not a necessary party in suit. Holcomb v. American Sur. Co., 184 Ark. 449, 42 S.W.2d 765 (1931) (decision under prior law).

Cited: United States v. Trigg, 465 F.2d 1264 (8th Cir. 1972).

Chapter 45 Artisan's and Repairmen's Liens

Research References

Am. Jur. 53 Am. Jur. 2d, Mech. L., § 1 et seq.

Ark. L. Notes.

Copeland, Recent Arkansas Cases Involving Article Nine of the U.C.C., 1995 Ark. L. Notes 31.

Ark. L. Rev.

The Old and the New: Article IX, 16 Ark. L. Rev. 145.

Estoppel to Assert an After Acquired Title in Arkansas, 17 Ark. L. Rev. 67.

Secured Transactions Under the Uniform Commercial Code, 18 Ark. L. Rev. 30.

Creditors' Provisional Remedies and Debtors' Due Process Rights: Statutory Liens in Arkansas, 32 Ark. L. Rev. 185.

Nickles, A Localized Treatise on Secured Transactions — Part 1: Scope of Article 9, 34 Ark. L. Rev. 377.

Nickles, Accessions and Accessories under Pre-Code Law and U.C.C. Article 9, 35 Ark. L. Rev. 111.

C.J.S. 56 C.J.S., Mech. L., § 2 et seq.

U. Ark. Little Rock L.J.

Maltz, State Action and Statutory Liens in Arkansas — A Reply to Professor Nickles, 2 U. Ark. Little Rock L.J. 357.

Nickles, State Action and Statutory Liens in Arkansas — A Rejoinder to Professor Maltz, 2 U. Ark. Little Rock L.J. 369.

Subchapter 1 — General Provisions

Effective Dates. Acts 1899, No. 58, § 4: effective on passage.

Notes of Decisions
Cited in 3 cases, 1991–2020 · leading case: Credit Gen. Ins. v. Atlas Asphalt, Inc., 803 S.W.2d 903 (Ark. 1991).
Sort: Relevance Newest Treatment
Credit Gen. Ins. v. Atlas Asphalt, Inc., 803 S.W.2d 903 (Ark. 1991). · cites it 5× “By this appeal we are asked to decide whether a supplier of construction materials is barred under Ark. Code Ann. § 18-44-508 (1987) from bringing suit under a performance bond where the suit is not filed within six months from the date an interim payment is made on the contract.”
All. Steel, Inc. v. TNT Constr., Inc., 322 S.W.3d 501 (Ark. Ct. App. 2009). · cites it 2× “” Alliance cites to Ark.Code Ann. § 18-44-508(a) (Repl.2003), as requiring TNT to post a bond.”
Nw. Arkansas Conservation Auth. v. Crossland Heavy Contractors, Inc. (W.D. Ark. 2020). “§ 18-44-508(b) sets forth the statute of limitations for performance bonds, stating “[n]o action shall be brought on the bond after six (6) months from the date final payment is made on the contract, nor outside the State of Arkansas.”
— Ark. Code Ann. § 18-44-508(a) — 1 case
All. Steel, Inc. v. TNT Constr., Inc., 322 S.W.3d 501 (Ark. Ct. App. 2009). “” Alliance cites to Ark.Code Ann. § 18-44-508(a) (Repl.2003), as requiring TNT to post a bond.”
— Ark. Code Ann. § 18-44-508(b) — 1 case
Nw. Arkansas Conservation Auth. v. Crossland Heavy Contractors, Inc. (W.D. Ark. 2020). “§ 18-44-508(b) sets forth the statute of limitations for performance bonds, stating “[n]o action shall be brought on the bond after six (6) months from the date final payment is made on the contract, nor outside the State of Arkansas.”
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