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A Morrow guide

Contracts, Licenses and Bonds for a Concrete or Paving Contractor

In this guide

Do not assume the license, the bonds or the customer paperwork came with the company. A concrete or paving contractor typically runs on a contractor license or registration, bonds, permits and contracts with insurance clauses, and many of these depend on a named person or on the seller's company, so check each with the issuer and deal counsel. This guide is for the buyer who wants to know which of these a concrete or paving business needs, what insurance the contracts and leases ask for, and what to do about each at a sale. Licensing rules vary widely by state, and the examples below are examples only.

The short answer

  • Licenses, registrations, bonds, prequalification and certifications are state, agency or customer specific. Check each one before closing instead of assuming it carries over to you.
  • Public owners can attach detailed insurance clauses, including specific endorsements and per project limits. Compare each clause with your actual policies.
  • A certificate of insurance only summarizes the policy and gives the holder no rights. The endorsement is what counts.
  • Retainage (money an owner holds back from each progress payment until the job is done), delay damages and prevailing wage rules (a government-set wage rate for the job) are cash and compliance issues that insurance mostly does not solve.

What licenses and bonds does a concrete or paving company need?

Many states license or register contractors, sometimes with city or county rules on top, and thresholds, bonds and exams vary. The tables list the kinds of requirements that typically apply and cite a few state examples. Verify yours with your state and local authorities.

Licenses and bonds, with what to check at a sale
RequirementWhat it is, with examplesWhat to check at a sale
Contractor license or registrationCalifornia requires a license for work of $1,000 or more, or any work that needs a building permit, issued by classification, including concrete (C-8) and earthwork and paving (C-12). Washington registers contractors by statuteWho is the qualifying person, and whether the license is reissued, amended or must be applied for again
License bondCalifornia requires a $25,000 contractor's bond. Washington sets $30,000 for a general contractor and $15,000 for a specialty contractorIf the sale needs a new license, a new bond is generally required too. In a stock deal the existing bond may stay, but the surety will want to hear about the new owner. Ask the issuer and the surety
Contract surety (bid, performance and payment bonds)Used for public work. On federal construction the Miller Act statute says contracts of more than $100,000, while the Federal Acquisition Regulation (FAR) says $150,000, so confirm the current figure. States set their own thresholdsThe surety re-underwrites the account, new owners usually sign new indemnity agreements and open bonded jobs need a plan
Public owner prequalificationWSDOT requires a sworn questionnaire and financial statement, sets the type and amount of work a bidder may take and requires an annual updateWe found no public source on how prequalification is treated after a sale, so ask the agency
Ownership-based certificationsA disadvantaged business enterprise (DBE) certification depends on who owns and controls the firmThe certifier decides whether it continues after a sale
Permits, wage rules and driver licenses, with what to check at a sale
RequirementWhat it is, with examplesWhat to check at a sale
Prevailing wage and certified payrollDavis-Bacon rules (federal prevailing wage and certified payroll) apply to federally funded or assisted construction contracts over $2,000, and WSDOT requires certified payrolls from the prime and every subcontractor. Federal rules in this area have been in litigation, so confirm the current status with counselAsk counsel about exposure for the seller's unfinished jobs
Environmental permitsFederal rules regulate stormwater from construction that disturbs one acre or more, with some exceptions. Permanent asphalt plants face air quality standardsWhether permits move to a buyer varies. Ask the state agency
Driver licensesA single vehicle rated at 26,001 pounds or more needs a Group B commercial driver's license, and a combination rated at 26,001 pounds or more towing more than 10,000 pounds needs Group A. These are the federal groups, and states add their own rulesConfirm every driver's license and record

For the general method see licenses, permits and registrations when you buy a business and buying a business in a licensed trade.

What do customer contracts and leases ask of your insurance?

Public owners, and some contracts on private work, ask for more than a certificate. The Washington State Department of Transportation (WSDOT) clause should not be read as typical, but it shows how detailed a clause can get:

  • General liability of $3,000,000 per occurrence and in the aggregate for each policy year, with a deductible of no more than $50,000, an owners and contractors protective (OCP) policy of $3,000,000 (a separate policy that protects the owner from your work), commercial auto of $1,000,000, and completed operations coverage for three years after substantial completion.
  • Additional insured status (the customer is covered under your policy for claims tied to your work) for ongoing and completed operations, on named endorsement editions, with no limits or exclusions on that status.
  • Primary and noncontributory wording (your policy pays first and does not share the loss with the customer's own) and a waiver of subrogation (your insurer gives up the right to sue the customer to recover what it paid).
  • Occurrence-based forms, limits that apply per project, and no wrap-up policies (one program bought by the owner or the main contractor to cover everyone on the job) to meet the requirement.
  • Policy copies within 21 days and written notice of cancellation within two business days. Failing to keep the insurance is treated as a material breach that lets the owner buy coverage and charge the contractor.

Our cost drivers guide shows how clauses like this move price.

Contracts on federal government installations can use the Federal Acquisition Regulation minimums: employer's liability of at least $100,000, general liability bodily injury of at least $500,000 per occurrence and auto liability of at least $200,000 per person and $500,000 per occurrence, with agencies free to ask for more. We found no public source on typical limits and wording in private subcontracts, so read yours. Landlords of yards and shops may ask tenants for general liability, property coverage and additional insured status, and may want updated certificates at each renewal. Check your own lease, since terms vary. See checking customer contracts against your policies, additional insured, waiver and primary wording and lease insurance requirements.

What happens to the license and the bonds at a sale?

Treat each as a separate question for the issuer. Licenses often rest on a qualifying person. California, for example, ties the license to a permanently employed qualifier and requires a replacement within 90 days if that person leaves (Business and Professions Code sections 7068 and 7068.2). Neither section says what happens on a change of ownership, so ask the licensing board. A buyer who is not a licensed contractor may need a qualifier from the seller's team. Permits are issuer specific too, so ask each agency whether it wants a new application or only notice of the new owner.

Lenders care too. Under Standard Operating Procedure (SOP) 50 10 8.1, the Small Business Administration (SBA) rulebook for 7(a) loans numbered on or after October 1, 2026, a person whose license the business relies on counts as a key employee. In an initial acquisition the seller generally cannot stay as an employee but can be a consultant for up to 24 months; earlier loans follow SOP 50 10 8, which capped consulting at 12 months. Whether a consulting seller can also serve as the license qualifier is a question for the state licensing board and your lender. The lender must also see evidence of required licenses within 90 days after final disbursement. See when the seller holds the contractor license, which also covers what happens if the qualifier leaves.

On bonds, the seller's personal indemnity to the surety generally survives a sale, and the buyer usually signs new indemnity agreements. Open bonded jobs and the surety's view of the new owner both bear on how much public work you can bid in year one. See whether surety and license bonds transfer and the surety bonds overview. A bond is not insurance for you, because the surety expects to be repaid.

Is a certificate of insurance enough to satisfy a contract?

A certificate of insurance is information only. The standard ACORD form says it confers no rights on the certificate holder, and additional insured status exists only if the policy provides it, usually by endorsement. See why a certificate is not coverage and certificates for a general contractor.

A hypothetical example. A general contractor's subcontract requires additional insured status for ongoing and completed operations, primary and noncontributory wording and a waiver of subrogation. The certificate the seller had on file cites a blanket endorsement that covers ongoing work only, because the seller's earlier contracts did not ask for more. After closing, the general contractor holds a $150,000 progress payment on a parking lot paving job until the paperwork matches, and the paving crew's next mobilization is waiting on that cash. What does the subcontract require, what does the policy actually contain, and who fixes it? The broker can request endorsements, but the carrier must agree, and that takes time. Start a certificate tracker in month one with certificate tracking in the first month.

Which of these problems does insurance not solve?

Retainage is the clearest example. WSDOT holds 5 percent of money earned from progress payments and releases it 60 days after completion if tax, wage, unemployment and industrial insurance clearances are met, and it can deduct liquidated damages (a set charge per day) for late completion. Other owners differ. For a buyer with debt service to cover, these are cash flow items, so ask in diligence how much retainage is open, which jobs have clearance issues and what the pipeline of bonded work looks like. Counsel and your accountant should lead on prevailing wage, license rules and successor exposure.

What should I check before my first bid?

  1. Confirm who holds the license and the bond.
  2. Pull the insurance clause from your three largest contracts.
  3. List open bonded jobs and retainage balances.
  4. Check which permits and certifications the issuer says you must reapply for.
  5. Ask the broker to match endorsements to each clause in writing.

If you want an insurance read on the clauses, Morrow can review the contracts and policies side by side.

Keep reading

Frequently asked questions

Does the contractor license transfer when I buy a concrete or paving company?

Not necessarily. Licenses often depend on a qualifying person, and rules differ by state and by license type. Ask the licensing board and your deal counsel before closing, and plan who will qualify the license afterward.

Do I need new bonds after buying a paving contractor?

Usually the surety re-underwrites the account, and new owners typically sign new indemnity agreements. The seller's old indemnity generally survives the sale for bonds already written. Open bonded jobs need their own plan, so talk to the surety before closing.

Is a certificate of insurance enough to satisfy a general contractor?

Often not. A certificate summarizes the policy and gives the holder no rights, while many contracts require specific endorsements for additional insured status, primary and noncontributory wording and a waiver of subrogation. Compare the contract with the policy itself.

Can I bid public work right after I close?

Sometimes, but not automatically. Public owners may require prequalification, and a surety re-underwrites the account on the new owners, so your first bid and any open bonded jobs depend on both. We found no public source on how prequalification is treated after a sale, so ask the agency and the surety before closing.

References

Just bought a business? Get your insurance reviewed.

Send Morrow the declarations pages, loss runs and key contracts you inherited. Morrow can review them against the business you bought, flag gaps and request quotes where it makes sense. Any new terms depend on carrier underwriting.

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This article is general information, not legal, tax or financial advice, and not a coverage determination. Coverage depends on the actual policy wording, carrier underwriting, your purchase agreement and your contracts. Ask your attorney and accountant about deal and legal questions.