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At Mechanical Group Three the bond is usually the cheaper of two options, and that is a different answer from the one lower groups get. S.C. Code 40-11-262 lets you file a $30,000 surety bond in lieu of the financial statement, and at Group Three the board will not take an owner prepared statement. It wants one compiled by a CPA under GAAP. So the honest comparison is not bond versus free. It is bond premium versus what your accountant charges to compile a statement every renewal.
South Carolina sets a minimum net worth or working capital for each contractor licence group under S.C. Code 40-11-260, and Mechanical Contractor Group Three is $30,000 net worth or $20,000 working capital against a $200,000 bid limit. S.C. Code 40-11-262 lets an applicant file a surety bond in the same amount as the net worth for the licence group instead of the financial statement, which makes the Group Three bond $30,000. The State of South Carolina is the obligee. The bond is continuous, stays in force for as long as the licence is held or until the licensee files a statement meeting the net worth, and cancels only on thirty days notice to the board from both the surety and the applicant.
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S.C. Code 40-11-260 sets a minimum net worth or working capital for each licence group and requires a financial statement showing it. 40-11-262 then allows a surety bond in lieu of that statement.
So far that sounds like the bond is for firms that cannot show the money. At Mechanical Groups One and Two it largely is, because the board accepts an owner prepared statement with an affidavit at those levels, which costs nothing but your time.
Group Three is where it changes. At Groups Three and Four the board wants a financial statement compiled by a CPA in accordance with GAAP. Group Five wants an audited balance sheet. A compiled statement is a real invoice from a real accountant, and licences renew, so it is a recurring invoice.
That makes the Group Three decision genuinely close. Compare the annual bond premium against what your CPA charges to compile, and pick on the numbers rather than on the assumption that the statement route is the free one.
The bond is not a flat South Carolina number. 40-11-262 sets it in the same amount as the net worth for the applicant's licence group, so it moves with the group.
Mechanical contractor groups run: Group One, $35,000 bid limit, $7,000 net worth, $3,500 working capital. Group Two, $100,000 bid limit, $15,000 net worth, $10,000 working capital. Group Three, $200,000 bid limit, $30,000 net worth, $20,000 working capital. Group Four, $400,000 bid limit, $60,000 net worth, $40,000 working capital. Group Five, unlimited, $300,000 net worth, $200,000 working capital.
The bond amounts are $7,000, $15,000, $30,000, $60,000 and $300,000 across those five groups.
One collision worth knowing. Mechanical Group Four is $60,000, and so is General Contractor Group Two. Same figure, two different boards' tables, two different bid limits. If somebody quoted you $60,000, check which table they read.
A quirk that costs money if you miss it.
40-11-260 lets you qualify on net worth or on working capital, and Group Three working capital is $20,000 against $30,000 net worth. But 40-11-262 ties the bond to the net worth figure. A Group Three applicant who could have satisfied the board on $20,000 of working capital still posts a $30,000 bond if they choose the bond route.
If the working capital test is within reach, the statement is worth costing out properly before you buy anything.
This one catches people who hold both licences, and it catches anyone who read a general contractor page and assumed it applied.
All mechanical contractor licences expire October 31 in odd numbered years. General contractor licences expire October 31 in even numbered years. Two different cycles on the same board.
So a firm holding a mechanical licence and a general contractor licence is renewing one or the other almost every year, on alternating Octobers, and the financial documentation has to be current for each.
40-11-262 says the bond must be continuous in form and maintained for as long as the applicant maintains the licence, or until the applicant submits a financial statement showing that he meets the net worth requirements.
So it is a bridge rather than a life sentence. Grow past $30,000 of net worth, decide the CPA fee is now the cheaper of the two, file the statement, and the bond comes off. Worth a look each renewal instead of renewing on autopilot.
Worth understanding before you treat it as a formality.
40-11-262 conditions the bond for the benefit of any person who is damaged by an act or omission of the applicant constituting a breach of construction contract or a contract for the furnishing of labor, materials or professional services for construction undertaken by the applicant, or by any unlawful act or omission of the applicant in performing construction.
The State of South Carolina is named as obligee, but the people who recover are the ones who were damaged, and that includes owners on a bad job and suppliers on a materials contract. A surety that pays a claim comes back to you for reimbursement.
Cancellation is not something a surety can do quietly either. It requires notification to the board from both the surety and the applicant thirty days prior.
Mechanical classifications include Air Conditioning, Boiler Installation, Electrical, Heating, Lightning Protection, Packaged Equipment, Plumbing, Pressure and Process Piping and Refrigeration. Some carry each other, so Air Conditioning includes Packaged Equipment and Refrigeration, and Heating can engage in Boiler Installation work.
A licence is required where the total cost of construction is greater than ten thousand dollars for mechanical contracting, under 40-11-30. The application fee is $350, it is nonrefundable, and the board takes a check or money order only rather than cash.
No. S.C. Code 40-11-262 lets an applicant provide a surety bond in lieu of the financial statement that 40-11-260 requires. But read the next answer before you assume the statement is cheaper, because at Group Three it is not free.
Because at Group Three the board will not accept an owner prepared statement. Groups One and Two may use an owner prepared statement with an affidavit. Groups Three and Four need one compiled by a CPA under GAAP, and Group Five needs an audited balance sheet. So the real comparison at Group Three is the annual bond premium against your accountant's compilation fee, every renewal cycle.
Because that is the Mechanical Group Three net worth. 40-11-262 sets the bond in the same amount as the net worth for the applicant's licence group. Mechanical groups run $7,000, $15,000, $30,000, $60,000 and $300,000 for Groups One through Five.
Up to $200,000. Mechanical bid limits run $35,000 for Group One, $100,000 for Group Two, $200,000 for Group Three, $400,000 for Group Four and unlimited for Group Five. Bigger work means a higher group and a bigger bond.
Only if you are Mechanical Group Four, or a General Contractor at Group Two. Both of those are $60,000, which is why the figure gets crossed between the two tables. Mechanical Group Three is $30,000. Check which table the quote came from.
October 31 in odd numbered years. That is different from general contractor licences, which expire October 31 in even numbered years. If you hold both, you are renewing one of them almost every October, so keep the two dates separate in your diary.
Yes. 40-11-262 says the bond is maintained for as long as you hold the licence or until you submit a financial statement showing that you meet the net worth requirements. Once your net worth clears $30,000, and once the CPA fee looks cheaper than the premium, file the statement and the bond comes off.
No. 40-11-260 lets you qualify on net worth or working capital, and Group Three working capital is $20,000 against $30,000 net worth. But 40-11-262 ties the bond to the net worth figure, so the bond is $30,000 either way. That is a reason to look hard at the working capital test first.
Anyone damaged by your work, not only the state. The bond is conditioned for the benefit of any person damaged by an act or omission constituting a breach of a construction contract, or a contract for furnishing labor, materials or professional services for construction you undertook, or by an unlawful act or omission in performing construction. The State of South Carolina is the obligee, recovery runs to the injured party, and a surety that pays seeks reimbursement from you.
You pay a premium rather than the $30,000, and no published percentage would mean anything for your file. The firms filing this bond are often the ones that could not show $30,000 of net worth, so the surety is underwriting the same balance sheet the board would have reviewed. Owner credit and business financials set the rate. Get a real quote and put it next to your CPA's compilation fee before you decide.
Air Conditioning, Boiler Installation, Electrical, Heating, Lightning Protection, Packaged Equipment, Plumbing, Pressure and Process Piping, and Refrigeration. Some carry others, so Air Conditioning includes Packaged Equipment and Refrigeration, and Heating can engage in Boiler Installation work.
A licence is required where the total cost of construction is greater than ten thousand dollars for mechanical contracting, under 40-11-30. The application fee is $350, it is nonrefundable, and the board accepts a check or money order only, not cash.
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