Hiring a Tree Service in Arkansas: Who Pays if a Limb Drops Wrong

The question that gets answered before anyone starts a saw

A limb comes off wrong and lands on the roof. Or a crew member goes off a ladder in the side yard.

Somebody pays for that. Which somebody got decided days earlier, inside documents most homeowners never ask to see.

Most advice on how to choose a tree service company stops at behavior: does the crew show up, does the truck look kept, does the bid arrive in writing. Clower Tree Service covers that ground in its guide to what to look for in a Hot Springs tree service and the red flags to avoid.

This post covers the paper instead.

Arkansas does not license tree work as a trade

Start with what does not exist, because it changes where a buyer should look.

The Arkansas Contractors Licensing Board runs two licensing laws, and both attach at a dollar figure. The commercial law reaches a contractor "when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more."

The residential law writes its threshold as an exemption. It exempts "a person or entity acting as a residential building contractor or a home improvement contractor on any project, when the cost of the work done or to be done does not exceed two thousand dollars ($2,000)."

Both laws then list the trade classifications the board licenses. Neither list names tree work. Read straight through both statutes and the words tree service, tree removal, arborist and stump appear nowhere in either one.

So Arkansas has no tree service license to check, the way it has a plumbing license or an electrical license. Whether a specific job crosses one of those dollar thresholds is a question for the board, and the board publishes a Find a Licensed Contractor search for anyone who wants to look a company up.

The industry credential is voluntary too. The Arkansas Urban Forestry Council puts it in one line: "Certification is a voluntary program providing recognition of one's professional knowledge by one's peers."

None of that makes tree work unregulated in the way that matters to a homeowner. It moves the check from a license number to an insurance certificate.

The certificate of insurance, and who is allowed to send it

Nearly every tree service in Arkansas proves coverage on the same document. It is ACORD form 25, the standard Certificate of Liability Insurance.

Two fields on it decide how much the document is worth. The PRODUCER field names the insurance agency that issued it. The signature line reads AUTHORIZED REPRESENTATIVE. The agency fills those in.

That is why the request matters as much as the document. Ask the agency to email the certificate straight to you. A photo of a certificate on a contractor's phone tells you only that a policy existed on the day somebody printed it.

The form itself is candid about its own limits. Across the top of ACORD 25, in capitals, it reads: "THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW."

Read that as good news. The certificate is evidence, and evidence is what a homeowner needs. It simply does not hand you coverage by itself.

The form says the same thing about adding you to a policy: "IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed."

General liability covers the roof

The general liability line is the one that answers for the property. A limb through the roof, a rut through the septic field, a crushed fence: those land here.

Three things on that line are worth thirty seconds.

The named insured should match the company name printed on the written bid, exactly. A certificate in a different name proves nothing about the crew in your yard.

The policy period should cover the day the work happens. A certificate issued in July for a policy that lapses in August still looks clean at the estimate.

The each-occurrence limit should look sane next to what is standing under the tree. A limit that would not rebuild the roof it might land on is a limit worth asking about.

A homeowner's own policy answers a different set of questions, and Clower Tree Service walks through those in its guide to whether homeowners insurance covers tree removal in Arkansas.

Workers compensation covers the crew

The second line is the one homeowners skip, and it is the one with a person on the other end of it.

The Arkansas Workers' Compensation Commission states the general rule: "Most employers in Arkansas with three or more employees are required by law to have Workers' Compensation insurance coverage for their employees."

The Commission adds its own caution in the next breath: "There are exceptions to the three-or-more requirement, so employers with fewer than three should check with authorities before assuming they do not fall under the Workers' Compensation laws."

Two things follow for a homeowner. A two-man outfit may carry no coverage and still be inside Arkansas law, so the absence of a policy does not by itself mean somebody is cutting corners. And a crew of five climbing a hardwood over your house is a different proposition from two men and a pickup, whatever either one charges.

The Commission publishes a coverage verification search so anyone can check an employer without asking the employer.

Virginia Cooperative Extension gives homeowners the question in its publication ANR-131NP on selecting a tree care service: "Can you provide proof of current workers' compensation and general liability insurance?" Ask it out loud at the estimate. The answer arrives fast either way.

What a bond covers

Bonded and insured get said together so often that they sound like one thing. They answer different questions.

The North Carolina Department of Insurance gives the plain definition: "Surety Bonds are contracts guaranteeing that specific obligations will be fulfilled." It then names who stands where in that contract. The obligee, in its words, is "The person or organization protected by the bond." On a tree job that is the homeowner.

The U.S. Small Business Administration describes the same instrument from the customer's side: "Surety bonds help small businesses win contracts by providing the customer with a guarantee that the work will be completed."

So a bond speaks to the obligation. A third party promises that the contractor finishes the work as agreed. A liability policy speaks to damage, and it indemnifies the contractor who holds it. A homeowner wants both answers, and one document gives only one of them.

Which document answers which accident

Four things go wrong on residential tree jobs, and a different instrument is built for each one.

A crew drops a limb through the roof. The company's general liability line is the one written for property damage, which is why the each-occurrence limit is worth reading.

A crew member falls in the side yard. Workers compensation is the line written for an injured worker. Arkansas sets its general threshold at three employees, so a small outfit may carry none of it.

A company takes a deposit and stops answering the phone. That is the obligation question, and the bond is the instrument aimed at it.

A healthy tree comes down on its own in a storm. None of the three applies, because nobody was working. Clower Tree Service covers that situation separately in its guide to who is responsible for fallen tree removal.

Where a credentialed specialist fits

Some jobs turn on a technical opinion before anyone picks up a saw. A structural assessment of a heritage oak, a report for a boundary dispute, or a diagnosis that decides whether a tree comes down at all.

That is what the industry credential is for. The International Society of Arboriculture runs a public directory, and it describes the purpose in one sentence: "The Find an Arborist platform is designed to help the public, employers, and industry stakeholders easily find and verify ISA-credentialed tree care professionals."

A homeowner who needs that opinion has two honest routes. Hire the credential holder directly through that directory, or ask the tree service whether it brings a specialist in. Clower Tree Service does the second, and says so plainly: the company brings in an outside specialist when a job calls for one.

The five-minute paperwork check

  1. Ask the company to have its insurance agency email you the certificate directly.
  2. Check that the named insured on the certificate matches the company name printed on the written bid.
  3. Check that the policy dates still cover the day your work actually happens.
  4. Confirm that both a general liability line and a workers compensation line appear on the same certificate.
  5. Run the company through the Arkansas Workers' Compensation Commission coverage search before you sign anything.
  6. Ask whether any part of the job goes to a subcontractor, and ask for that company's certificate too.

Any company that resents step one has told you something useful for free. A company that has been doing this a while keeps a current certificate on file with its agent and can have it sent the same afternoon.

Free estimates in Hot Springs and Garland County

Paul Clower has worked trees in Garland County for ten years and runs a five-person crew from 363 Kaufman Rd, Hot Springs, AR 71913. Clower Tree Service is bonded and insured, holds a 5.0-star rating on 23 reviews, and brings in outside specialists when a job calls for it. The experienced team serves Hot Springs, Hot Springs Village and the surrounding parts of Central Arkansas.

Call 501.538.1606, email info@clowertrees.com, or request a free estimate. Ask for the certificate on that first visit. It should reach your inbox before the crew reaches your driveway.

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