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bond_amount_percentage
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claim_deadline_days
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contracts_excluded
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performance_bond_threshold
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Not less than 50 percent of the contract price
not later than one year from the date of final settlement of the contract
Less than $50,000
[ "state" ]
alabama
Written notice to the surety of the amount claimed to be due and the nature of the claim shall be sent by registered or certified mail 45 days prior to filing suit
https://fullertonlaw.com/50-state-summary-payment-bond-law
ALABAMA Amount of Bond: Not less than 50 percent of the contract price.
Alabama
Code of Alabama, Title 39, Chapter 1, Division 8, §§39-1-1
https://referencesource.org/state-public-works-bond-thresholds/alabama/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
one-half of the contract price where the total amount payable by the terms of the contract is not more than $1,000,000; 40 percent of the contract price whenever the total amount payable by the terms of the contract is more than $1,000,000 but not more than $5,000,000; whenever the total amount payable by the terms of ...
such action must be commenced within one year after the date of final settlement of the contract
Under $100,000
[ "state" ]
alaska
Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the principal contractor must give written notice to the contractor within 90 days from the date on which such person performed the last of the labor or furnished or supplied the last of th...
https://fullertonlaw.com/50-state-summary-payment-bond-law
ALASKA Types of Projects: Public contracts for one-half of the contract price where the total amount payable by the terms of the contract is not more than $1,000,000; 40 percent of the contract price whenever the total amount payable by the terms of the contract is more than $1,000,000 but not more than $5,000,000; whe...
Alaska
Alaska Statutes, Title 36, Chapter 36.25, §§36.25.010 to 36.25.020
https://referencesource.org/state-public-works-bond-thresholds/alaska/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
One hundred percent of the contract price
suit must be actually filed within one year of the date on which the last of the claimant’s labor was performed or the claimant’s materials were furnished
null
[ "state" ]
arizona
must actually serve the prime contractor with written notice of a bond claim, with confirmed receipt, not later than ninety (90) days following the last date that labor was performed or materials were supplied
https://fullertonlaw.com/50-state-summary-payment-bond-law
Amount of Bond: One hundred percent of the contract price solely for the protection of claimants supplying labor or material to the contractor or his subcontractors in the prosecution of the work provided for in contracts for the construction, alteration, or repair of the public work.
Arizona
Arizona Revised Statutes, Title 34, Chapter 2, Article 2, §§ 34-222-223
https://referencesource.org/state-public-works-bond-thresholds/arizona/
[ "bond_amount_percentage", "claim_deadline_days", "preliminary_notice_required", "statutory_citation" ]
null
null
A sum equal to the amount of the contract
No action shall be brought on the bond after six months from the final payment on the job
null
[ "state" ]
arkansas
No special statutory provision
https://fullertonlaw.com/50-state-summary-payment-bond-law
Amount of Bond: A sum equal to the amount of the contract on all public works exceeding $20,000 (§18-44-503).
Arkansas
Arkansas Code Annotated, Title 18, Subtitle 4, Chapter 44, Subchapter 5, §§18-44-501 to 18-44-508; Title 22, Chapter 9, Subchapter 4, §§22-9-401 to 22-9-405
https://referencesource.org/state-public-works-bond-thresholds/arkansas/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
all public works exceeding $20,000
null
A sum equal to the amount of the contract on all public works
must be commenced before the expiration of six months after the period in which stop payment notices may be filed
Contracts less than $25,000 are excluded from bond requirements
[ "state" ]
california
A claimant must give the preliminary notice as required for stop payment notices for public works
https://fullertonlaw.com/50-state-summary-payment-bond-law
Amount of Bond: A sum equal to the amount of the contract on all public works, and executed by an admitted surety insurer.
California
California Civil Code, Division 4, Part 6, Title 2, Chapter 6, §§8600 to 8614; Title 3, Chapter 3, §§9300 to 9306; Chapter 5, §§9550 to 9566
https://referencesource.org/state-public-works-bond-thresholds/california/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
not less than one-half of the total amount payable under the terms of the contract
Within six months after the completion of the public work
null
[ "state" ]
colorado
may file, with the official awarding the contract, a verified statement of the amount due and unpaid
https://fullertonlaw.com/50-state-summary-payment-bond-law
COLORADO Types of Projects: Any railroad, reservoir, or irrigating canal company contracting for the construction of its railroad, reservoir, or irrigating canal, or any part thereof.
Colorado
§§38-26-102, 38-26-105, 38-26-106, C.R.S.
https://referencesource.org/state-public-works-bond-thresholds/colorado/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
Any contract for more than $50,000 with any county, municipality, or school district for the construction of any public building or the prosecution or completion of any public works or for repairs upon any public building or public works. Any contract for more than $100,000 for the construction of any public work for t...
null
A bond in the amount of the contract is required
No suit may be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied by the claimant
Under $100,000
[ "state" ]
connecticut
may enforce the right to payment under the bond by serving a written notice of claim within 180 days
https://fullertonlaw.com/50-state-summary-payment-bond-law
CONNECTICUT Amount of Bond: A bond in the amount of the contract is required.
Connecticut
Connecticut General Statutes, Title 49, Chapter 847, §§49-41 to 49-42
https://referencesource.org/state-public-works-bond-thresholds/connecticut/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
100 percent of the contract price
no suit on the bond shall be commenced after the expiration of one year following the date which the successful bidder ceased work on the contract
A special state body, the Contracting and Purchasing Advisory Council, sets the threshold amount for “large public works” where bonds are required
[ "state" ]
delaware
No special statutory provision, review bond for timeframes
https://fullertonlaw.com/50-state-summary-payment-bond-law
DELAWARE BONDS ON PUBLIC WORKS PROJECTS Amount of Bond: 100 percent of the contract price.
Delaware
Delaware Code Annotated, Title 29, Chapter 69, §6962
https://referencesource.org/state-public-works-bond-thresholds/delaware/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
100% of the prime contract amount if over $100,000
within one year from the date final labor was performed or the material was supplied
Procurement regulations may waive bonds for contracts of $100,000 or less
[ "state" ]
district-of-columbia
must give written notice to the prime contractor within 90 days from the date on which the claimant performed the last of the labor or furnished the last of the material for which the claim is made
https://fullertonlaw.com/50-state-summary-payment-bond-law
DISTRICT OF COLUMBIA Amount of Bond: 100% of the prime contract amount if over $100,000, but can be reduced by the Contract Procurement Officer to one-half of the total amount payable by the terms of the prime contract.
District of Columbia
District of Columbia Code, Division I, Title 2, Chapter 3A, Subchapter VII, §§2-357.01 to 2-357.06
https://referencesource.org/state-public-works-bond-thresholds/district-of-columbia/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
100 percent of the original contract price
null
null
[ "state" ]
federal-miller-act
null
https://www.acquisition.gov/far/subpart-28.1
40 U.S.C. chapter 31, subchapter III, Bonds (formerly known as the Miller Act), requires performance and payment bonds for any construction contract exceeding $150,000
Federal (Miller Act)
40 U.S.C. chapter 31
https://referencesource.org/state-public-works-bond-thresholds/federal-miller-act/
[ "bond_amount_percentage", "payment_bond_required_above", "performance_bond_threshold", "statutory_citation" ]
any construction contract exceeding $150,000
any construction contract exceeding $150,000
In an amount equal to the original contract price
after one year from the performance of the labor or completion of delivery of the materials or supplies
The threshold for exemption from the bond requirement is $100,000 on public works
[ "state" ]
florida
shall, within 45 days after beginning to furnish labor, material or supplies for the prosecution of such work, furnish the contractor with a notice that he intends to look to the bond for protection
https://fullertonlaw.com/50-state-summary-payment-bond-law
FLORIDA Amount of Bond: In an amount equal to the original contract price.
Florida
Florida Statutes, Title XVIII, Chapter 255, §255.05
https://referencesource.org/state-public-works-bond-thresholds/florida/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
Not less than the contract price
All suits must be brought within one year after the completion of the project and acceptance by the public authority
Less than $100,000
[ "state" ]
georgia
Those not under direct contract with the general contractor must give written notice of claim within 90 days after the date on which the last of the labor was performed or the last of the materials furnished
https://fullertonlaw.com/50-state-summary-payment-bond-law
GEORGIA Amount of Bond: Not less than the contract price.
Georgia
Official Code of Georgia, Title 13, Chapter 10, §§13-10-60 to 13-10-65
https://referencesource.org/state-public-works-bond-thresholds/georgia/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
a bond equal to 100 percent of the contract price of construction
shall be brought within one year after the last labor was performed or material supplied for the work provided in the contract
null
[ "state" ]
hawaii
Written notice shall be served by registered or certified mail to contractor and surety within 90 days from the date on which the person did or performed the last labor or furnished or supplied the last of the material for which claim is made
https://fullertonlaw.com/50-state-summary-payment-bond-law
HAWAII Types of Projects: All public construction projects which exceed $25,000, require a bond equal to 100 percent of the contract price of construction.
Hawaii
Hawaii Revised Statutes, Division 1, Title 9, Chapter 103D, §324
https://referencesource.org/state-public-works-bond-thresholds/hawaii/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
All public construction projects which exceed $25,000
null
In an amount to be fixed by the contracting body, but in no event less than eighty-five percent of the contract amount
No such suit shall be commenced after the expiration of one year from the date on which the claimant performed the last of the labor or furnished or supplied the last of the material or equipment for which such suit is brought
null
[ "state" ]
idaho
must give written notice to the contractor within 90 days from the date on which such claimant performed the last of the labor or furnished or supplied the last of the material or equipment for which such claim is made
https://fullertonlaw.com/50-state-summary-payment-bond-law
Amount of Bond: In an amount to be fixed by the contracting body, but in no event less than eighty-five percent of the contract amount.
Idaho
Idaho Statutes, Title 54, §§ 54-5203, 54-5217, 54-1902, 54-1925 to 1929
https://referencesource.org/state-public-works-bond-thresholds/idaho/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
any contract equal to or greater than fifty thousand dollars
null
in an amount sufficient to complete the contract including the payment for all labor and material
No action shall be brought on the bond later than one year after the date of the furnishing of the last item of work or materials by the claimant
Under $50,000 for work performed for the State, and for all other political subdivisions under $5,000
[ "state" ]
illinois
shall have filed verified notice of claim with the officer, board, bureau or department awarding the contract within 180 days after the date of the last item of work or the furnishing of the last item of materials
https://fullertonlaw.com/50-state-summary-payment-bond-law
ILLINOIS Amount of Bond: Shall be fixed by such officials, boards, commissions, commissioners or agents awarding the contract in an amount sufficient to complete the contract including the payment for all labor and material whether by subcontractor or otherwise.
Illinois
Illinois Compiled Statutes, 30 ILCS 550/0.01 to 550/3
https://referencesource.org/state-public-works-bond-thresholds/illinois/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
a bond for the total price of the general contract
all suits must be brought against the surety on the payment bond within one year after final settlement with the contractor
null
[ "state" ]
indiana
a written Verified Claim stating the amount due and owing to the claimant must be filed with the Public Works Division of the Indiana Department of Administration within 60 days after the last labor performed, last materials furnished or last services rendered
https://fullertonlaw.com/50-state-summary-payment-bond-law
Amount of Bond: Each of the four statutes requires a bond for the total price of the general contract if the project is required to be bonded.
Indiana
Indiana Code, Title 4, Article 13.6, Chapter 7, §§4-13.6-7-5 to 4-13.6-7-11; Title 5, Article 16, Chapter 5, §§5-16-5-1 to 5-16-5-2; Title 8, Article 23, Chapter 9, §§8-23-9-8 to 8-23-9-33; Title 36, Article 1, Chapter 12, §§36-1-12-12 to 36-1-12-13.1
https://referencesource.org/state-public-works-bond-thresholds/indiana/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
Title 4, Title 5, Title 8 and Title 36 require bonds for state and local projects in excess of $200,000
null
Not less than 75 percent of the contract price
Any time after the expiration of 30 days, and not later than 60 days, following the completion and final acceptance of the public improvement
Public improvement contracts under $25,000
[ "state" ]
iowa
Such notice must be received by the principal contractor within thirty days of first performing or furnishing
https://fullertonlaw.com/50-state-summary-payment-bond-law
IOWA Amount of Bond: Not less than 75 percent of the contract price, excepting that, in contracts where no part of the contract price is paid until after the completion of the public improvement, the amount of the bond may be fixed at not less than 25 percent of the contract price.
Iowa
Iowa Code, Title XIV, Subtitle 3, Chapter 573
https://referencesource.org/state-public-works-bond-thresholds/iowa/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
must be for at least the amount of the contract price
no action shall be brought on the bond after six months from the completion of the public improvement
null
[ "state" ]
kansas
No special statutory provision, so review bond to determine deadlines
https://fullertonlaw.com/50-state-summary-payment-bond-law
KANSAS Types of Projects: Can be on private or public projects.
Kansas
Kansas Statutes, Chapter 60, Article 11, §§60-1110 to 60-1111
https://referencesource.org/state-public-works-bond-thresholds/kansas/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
Required if the contract exceeds $100,000
null
A payment bond in the amount of 100 percent of the contract price
civil actions on bonds in the class of procedures which must be initiated within 15 years after cause of action has accrued
Under $25,000
[ "state" ]
kentucky
Within 60 days of the last day of the month in which materials were provided, the claimant must file a statement in writing verified by affidavit
https://fullertonlaw.com/50-state-summary-payment-bond-law
KENTUCKY Amount of Bond: A payment bond in the amount of 100 percent of the contract price.
Kentucky
Kentucky Revised Statutes, Title XXXI, Chapter 376.100
https://referencesource.org/state-public-works-bond-thresholds/kentucky/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
a bond furnished in an amount not less than 50 percent of the contract price
On public works, one year following the date upon which the notice of termination was filed
null
[ "state" ]
louisiana
null
https://fullertonlaw.com/50-state-summary-payment-bond-law
Public Works. Louisiana law requires that whenever the state or any state entity, agency or political subdivision enters into a contract in excess of $25,000 for the construction, alteration or repair of any public work, the contract must be in writing and a bond furnished in an amount not less than 50 percent of the c...
Louisiana
Louisiana Revised Statutes, Title 9, §§9:4802C, 9:4811 to 9:4812, 9:4823A(2); Title 38, §§38:2212, 38:2241, 38:2246A, 38:2247
https://referencesource.org/state-public-works-bond-thresholds/louisiana/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "statutory_citation" ]
a contract in excess of $25,000 for the construction, alteration or repair of any public work
null
Both payment and performance bonds in an amount equal to the full contract amount
no action may be commenced after the expiration of one year from the date on which the last of the labor was performed or material was supplied
null
[ "state" ]
maine
shall have given written notice to the contractor within 90 days from the date on which such claimant performed the last of the labor or furnished or supplied the last of the material for which such claim is made
https://fullertonlaw.com/50-state-summary-payment-bond-law
MAINE Bonds Required: Bonds are required in Maine regarding any contract exceeding $125,000 for the construction, alteration or repair of any public building or other public improvement or public work.
Maine
Maine Revised Statutes, Title 14, Chapter 205, Subchapter 3, §871
https://referencesource.org/state-public-works-bond-thresholds/maine/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "performance_bond_threshold", "preliminary_notice_required", "statutory_citation" ]
any contract exceeding $125,000
any contract exceeding $125,000
50 percent of the total amount payable under the prime contract
no more than one year after the public body finally accepts the work performed under the contract
null
[ "state" ]
maryland
must give written notice to the prime contractor within 90 days from the date on which the claimant performed the last of the labor or furnished the last of the material for which such claim is made
https://fullertonlaw.com/50-state-summary-payment-bond-law
MARYLAND Amount of Bond: 50 percent of the total amount payable under the prime contract.
Maryland
Maryland Code Annotated, Finance and Procurement, Title 17, §§17-101 to 17-111
https://referencesource.org/state-public-works-bond-thresholds/maryland/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "performance_bond_threshold", "preliminary_notice_required", "statutory_citation" ]
a construction contract exceeding $100,000
a construction contract exceeding $100,000
not less than one-half of the total contact price
Within one year after the day such claimant last performed the labor or furnished the labor, materials, equipment, appliances or transportation included in his claim
null
[ "state" ]
massachusetts
must give notice of a claim in writing to the general contractor within 65 days after the day on which the claimant last performed labor or furnished labor, materials, equipment, appliances or transportation
https://fullertonlaw.com/50-state-summary-payment-bond-law
MASSACHUSETTS Amount of Bond: A bond in the amount of not less than one-half of the total contact price shall be obtained.
Massachusetts
Massachusetts General Laws, Part I, Title XXI, Chapter 149, §§26, 27D, 28, 29, 44A
https://referencesource.org/state-public-works-bond-thresholds/massachusetts/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
more than $5,000 in the case of the Commonwealth and more than $2,000 in the case of a contract with a county, city, town, district or other political subdivision
null
Each payment and performance bond shall be in an amount fixed by the government unit to be not less than 25 percent of the contract price
null
null
[ "state" ]
michigan
claimant has within 30 days after furnishing the first of such material or performing the first of such labor served on the principal contractor a written notice
https://fullertonlaw.com/50-state-summary-payment-bond-law
MICHIGAN BONDS REQUIRED/TWO STATUTES DEPENDING ON TYPE OF PROJECTS State (Non-Highway) and Municipal Projects: Any contract exceeding $50,000 for the construction, alteration, or repair of any public building or public work or improvement of the state or a county, city, village, township, school district, public educat...
Michigan
Michigan Compiled Laws, Chapter 129, §129.201
https://referencesource.org/state-public-works-bond-thresholds/michigan/
[ "bond_amount_percentage", "payment_bond_required_above", "performance_bond_threshold", "preliminary_notice_required", "statutory_citation" ]
Any contract exceeding $50,000 for the construction, alteration, or repair of any public building or public work or improvement
Any contract exceeding $50,000 for the construction, alteration, or repair of any public building or public work or improvement
Performance and payment bonds each to be not less than the contract price
begun within one year after the date of the last work by the claimant on the public project as stated in its notice of claim
Projects under $100,000
[ "state" ]
minnesota
within 120 days after completion, delivery or provision by the person of its last item of work, the person serves a written notice of claim personally or by certified mail upon the surety that issued the bond and the contractor
https://fullertonlaw.com/50-state-summary-payment-bond-law
MINNESOTA Amount of Bond: Performance and payment bonds each to be not less than the contract price.
Minnesota
Minnesota Statutes, Chapter 574, §§ 574.26 to 574.32
https://referencesource.org/state-public-works-bond-thresholds/minnesota/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
in an amount not less than the amount of the contract
it shall be commenced within one year after the day on which the last of the labor was performed or material was supplied by the person bringing the action
Whenever a contract is less than $25,000, the owners may elect to make a lump sum payment at the end of the job. In such cases, a performance bond is not required.
[ "state" ]
mississippi
must give written notice to the contractor by hand delivery or certified mail within a 90-day period after the date on which the last of the labor was performed by him or the last of the materials was furnished by him
https://fullertonlaw.com/50-state-summary-payment-bond-law
MISSISSIPPI Amount of Bond (excepting state highway projects): A performance bond payable to, in favor of, or for the protection of such public body, as owner, for the work to be done in an amount not less than the amount of the contract, conditioned for the full and faithful performance of the contract; a payment bond...
Mississippi
Mississippi Code Annotated, Title 31, Chapter 5, §§31-5-51 to 31-5-57
https://referencesource.org/state-public-works-bond-thresholds/mississippi/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
null
null
null
[ "state" ]
missouri
A Notice must be served within 90 days of the last furnishing or labor or material to the jobsite
https://fullertonlaw.com/50-state-summary-payment-bond-law
MISSOURI Public Works Payment Bonds: Like most states, Missouri does not allow mechanic’s liens on public property.
Missouri
Missouri Revised Statutes, Title 2, Chapter 8, §8.250; Title 4, Chapter 34, §§34.057, 34.058.1
https://referencesource.org/state-public-works-bond-thresholds/missouri/
[ "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
required to be posted for jobs where the general contract is in excess of $50,000.00
null
Full contract price for state contracts
within 90 days from and after the completion of the contract and the acceptance of the work by the public officials
A school district may waive their requirements of these bonds for contracts under $7,500. Other state or governmental authorities may waive their requirements for under $50,000.
[ "state" ]
montana
Not later than 30 days after the date of the first delivery of the provender, material, supplies or provisions to any subcontractor
https://fullertonlaw.com/50-state-summary-payment-bond-law
MONTANA Amount of Bond: Full contract price for state contracts.
Montana
Montana Code, Title 18, Chapter 1, §18-1-402; Chapter 2, §§18-2-201 to 18-2-208, 18-2-316, 18-2-401, 18-2-403, 18-2-409
https://referencesource.org/state-public-works-bond-thresholds/montana/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
not less than the contract price
No suit shall be commenced after the expiration of one year after the date of final settlement of the principal contract
any project bid or proposed by the State of Nebraska or any department or agency thereof which has a total cost of $15,000 or less, or (b) any project bid or proposed by any county board, contracting board of any city, village, or school district, public board, or officer which has a total cost of $10,000 or less
[ "state" ]
nebraska
upon giving written notice to the contractor within four months from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material
https://fullertonlaw.com/50-state-summary-payment-bond-law
NEBRASKA Amount of Bond: The amount of the bond for construction or improvement on a public building shall be not less than the contract price.
Nebraska
Nebraska Revised Statutes, Chapter 52, §§52-118 to 52-118.02
https://referencesource.org/state-public-works-bond-thresholds/nebraska/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
The payment bond shall be not less than 50 percent of the contract price
no such action may be commenced after the expiration of one year from the date on which the claimant performed the last of the labor or furnished the last of the material
Contracts less than $100,000 are excluded from bond requirements
[ "state" ]
nevada
if he has, within 30 days after furnishing the first of such materials or performing the first of such labor, served on the contractor a written notice
https://fullertonlaw.com/50-state-summary-payment-bond-law
NEVADA BONDS ON PUBLIC WORKS PROJECTS Amount of Bond: The payment bond shall be not less than 50 percent of the contract price and will be fixed by the contracting body.
Nevada
Nevada Revised Statutes, Title 28, Chapter 339, §§ 339.015 to 339.065
https://referencesource.org/state-public-works-bond-thresholds/nevada/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
a bond in an amount equal to at least 100 percent of the contract price
Within one year of the claim filing
null
[ "state" ]
new-hampshire
shall within 90 days after the completion and acceptance of the project by the contracting party file a statement of claim
https://fullertonlaw.com/50-state-summary-payment-bond-law
NEW HAMPSHIRE Amount of Bond: NH public projects, shall if said contract involves an expenditure of $75,000 in behalf of the state or $125,000 in behalf of a political subdivision, and may if it involves an expenditure of less amount, be secured by a bond in an amount equal to at least 100 percent of the contract price...
New Hampshire
New Hampshire Revised Statutes, Title XLI, Chapter 447, §§447:15 to 447:18
https://referencesource.org/state-public-works-bond-thresholds/new-hampshire/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
an expenditure of $75,000 in behalf of the state or $125,000 in behalf of a political subdivision
null
At least 100 percent of the contract price
within one year of the date of last furnishing of materials and labor
The state may waive the bond requirements on contracts for its public works not in excess of $200,000
[ "state" ]
new-jersey
shall provide the contractor with written notice via certified mail, prior to furnishing work, that such person is a beneficiary under the bond
https://fullertonlaw.com/50-state-summary-payment-bond-law
NEW JERSEY Amount of Bond: At least 100 percent of the contract price.
New Jersey
New Jersey Statutes Annotated, Title 2A, §§2A:44-143 to 44-147
https://referencesource.org/state-public-works-bond-thresholds/new-jersey/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
not less than one hundred percent (100%) of the contract price
No suit on the construction payment bond may be commenced after the expiration of one year from the date of final “settlement” of the contract as defined by statute
null
[ "state" ]
new-mexico
must serve written notice to the principal contractor within ninety (90) days from the date on which such person performed the last of the labor or furnished or supplied the last of the material
https://fullertonlaw.com/50-state-summary-payment-bond-law
NEW MEXICO Amount of Bond: For contracts greater than $25,000 (NMSA § 13-4-18.A), the prime contractor shall deliver to the state agency or local public body administering the contract for the public works, and with the prime contractor as bond principal, a payment bond for the protection of all persons supplying labor...
New Mexico
New Mexico Statutes Annotated, Chapter 13, Section 4, §§ 13-4-1 to 13-4-24; Chapter 48, Section 2A, §§ 48-2A-1 to 48-2A-12
https://referencesource.org/state-public-works-bond-thresholds/new-mexico/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
For contracts greater than $25,000
null
No special statutory provision
No action on a payment bond shall be commenced after the expiration of one year from the date that the public entity accepted the completion of the project
Payment bond may be waived for public works contracts for less than $50,000
[ "state" ]
new-york
must give written notice to the contractor within 120 days from the date on which the last of the labor was performed or the last of the material was furnished
https://fullertonlaw.com/50-state-summary-payment-bond-law
NEW YORK Amount of Bond: No special statutory provision.
New York
New York Finance Law, Article 9, §137
https://referencesource.org/state-public-works-bond-thresholds/new-york/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
100 percent of the contract price
one year from the day on which the last of the labor was performed or material was furnished by the claimant
Under $300,000 ($500,000 for state contracts)
[ "state" ]
north-carolina
must give written notice to the contractor within 120 days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment
https://fullertonlaw.com/50-state-summary-payment-bond-law
NORTH CAROLINA Amount of Bond: 100 percent of the contract price.
North Carolina
North Carolina General Statutes, Chapter 44A, Article 2, Part 1, §§44A-25 to 44A-35
https://referencesource.org/state-public-works-bond-thresholds/north-carolina/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
at least equal to the price stated in the contract
upon which a suit is not commenced within one year after completion and acceptance of the project, is barred
null
[ "state" ]
north-dakota
has given written notice to the contractor, within 90 days from the date on which the person completed the contribution
https://fullertonlaw.com/50-state-summary-payment-bond-law
NORTH DAKOTA Amount of Bond: The amount of a bond obtained from a contractor on a public project shall be at least equal to the price stated in the contract.
North Dakota
North Dakota Century Code, Title 48, Chapter 48-01.2, §§48-01.2-01 to 48-01.2-25
https://referencesource.org/state-public-works-bond-thresholds/north-dakota/
[ "bond_amount_percentage", "claim_deadline_days", "preliminary_notice_required", "statutory_citation" ]
null
null
null
suit must be commenced not later than one year from date of acceptance of the public improvement by the Public Authority
No specific statutory provision
[ "state" ]
ohio
is required to serve a Notice of Furnishing on the principal contractor to preserve bond rights within 21 days of first performing labor or furnishing materials
https://fullertonlaw.com/50-state-summary-payment-bond-law
OHIO Types of Projects: The bond for Public Projects is a combination bid bond, performance bond and payment bond.
Ohio
Ohio Statutes, Title 1, Chapter 153, §§153.56, 153.57, 153.571
https://referencesource.org/state-public-works-bond-thresholds/ohio/
[ "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
100 percent of the contract amount
No action shall be brought on said payment bond after one year from the date on which the last of the labor was performed or materials or parts furnished
Under $50,000
[ "state" ]
oklahoma
must give written notice to the contractor and surety on said payment bond within 90 days from the date on which said person did or performed the last of the labor or furnished or supplied the last of the material or parts
https://fullertonlaw.com/50-state-summary-payment-bond-law
OKLAHOMA Amount of Bond: 100 percent of the contract amount.
Oklahoma
Oklahoma Statutes, Title 61, §61.2
https://referencesource.org/state-public-works-bond-thresholds/oklahoma/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
a payment bond in an amount equal to the full contract price
A claimant may institute an action on the contractor’s bond not later than two years after the person last provided labor or materials
Contracts less than $100,000 are excluded from payment bond requirements; or in the case of contracts for highways, bridges and other transportation projects, less than $50,000
[ "state" ]
oregon
must be sent by registered or certified mail or hand delivered no later than 180 days after the day the person last provided labor or furnished materials
https://fullertonlaw.com/50-state-summary-payment-bond-law
OREGON Amount of Payment Bond: Unless an exemption applies, a successful bidder for a public improvement contract shall promptly execute and deliver to the contracting agency a payment bond in an amount equal to the full contract price, solely for the protection of claimants under ORS §279C.600.
Oregon
Oregon Revised Statutes, Volume 7, Title 26, Chapter 279C, §§279C.380, 279C.390, 279C.600 to 279C.625
https://referencesource.org/state-public-works-bond-thresholds/oregon/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
100 percent of the contract price
An action upon any payment or performance bond must be commenced after the expiration of 90 days, but within one year, after performance
Under $5,000
[ "state" ]
pennsylvania
may bring an action on the payment bond only if he has given written notice to such contractor within 90 days from the date on which the claimant performed the last of the labor or furnished the last of the materials
https://fullertonlaw.com/50-state-summary-payment-bond-law
PENNSYLVANIA Amount of Bond: 100 percent of the contract price.
Pennsylvania
Pennsylvania Consolidated Statutes, Title 8, §§191-202
https://referencesource.org/state-public-works-bond-thresholds/pennsylvania/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
a payment bond for not less than one-half the contract amount plus any additions, enlargement or increase thereto
Suit must instituted by all claimants within six months after final acceptance of the work by the Commonwealth of Puerto Rico
null
[ "state" ]
puerto-rico
shall have the right to file suit on the bond without necessity for previous notice
https://fullertonlaw.com/50-state-summary-payment-bond-law
PUERTO RICO Amount of Bond: Public Bonds. The Commonwealth of Puerto Rico requires a payment bond for not less than one-half the contract amount plus any additions, enlargement or increase thereto.
Puerto Rico
Puerto Rico Laws Annotated, Title 22, Chapter 3
https://referencesource.org/state-public-works-bond-thresholds/puerto-rico/
[ "bond_amount_percentage", "claim_deadline_days", "preliminary_notice_required", "statutory_citation" ]
null
null
Not less than 50 percent and not more than 100 percent of the contract price
Any time after the expiration of 90 days after the day which the last of the labor was furnished or performed or material or equipment was furnished or supplied by any person claiming, but within two years
null
[ "state" ]
rhode-island
upon giving written notice to the contractor within 90 days of the date on which the person furnished or performed the last labor, materials or supplies
https://fullertonlaw.com/50-state-summary-payment-bond-law
RHODE ISLAND Amount of Bond: Not less than 50 percent and not more than 100 percent of the contract price.
Rhode Island
Rhode Island General Laws, Chapter 37-12, §§37-12-1 to 37-12-11
https://referencesource.org/state-public-works-bond-thresholds/rhode-island/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
Any public road or portion thereof or any bridge in which the contract price shall be in excess of $50,000 shall be required to furnish a bond; no exclusion provided for other projects
null
For other public improvement contracts, a performance and payment bond, both equal to 100 percent of the contract price
suit must be brought within one year after plaintiff last supplied materials or labor
Under $10,000 (highway work)
[ "state" ]
south-carolina
must give written notice to contractor within 90 days from the date on which claimant did or performed the last of the labor or furnished or supplied the last of the material
https://fullertonlaw.com/50-state-summary-payment-bond-law
SOUTH CAROLINA Amount of Bond: For public highway construction contracts, a performance bond for 100 percent of the contract and in no case less than $10,000; payment bond not less than 50 percent of the contract.
South Carolina
South Carolina Code of Laws, Title 29, Chapter 5, §29-5-440
https://referencesource.org/state-public-works-bond-thresholds/south-carolina/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
may be issued for the total cost of the improvements
null
The state may waive the bond requirement on contracts of less than $50,000 for any public improvement
[ "state" ]
south-dakota
Notice of a suit must be given to all known creditors informing each of their right to intervene
https://fullertonlaw.com/50-state-summary-payment-bond-law
SOUTH DAKOTA Amount of Bond: Municipal improvement bonds may be issued for the total cost of the improvements.
South Dakota
South Dakota Codified Laws, Title 5, Chapter 18A, §5-18A-14. Title 5, Chapter 21, §§5-21-1 to 5-21-8. Title 9, Chapter 44, §9-44-3
https://referencesource.org/state-public-works-bond-thresholds/south-dakota/
[ "bond_amount_percentage", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
Bond shall be 25 percent of the contract price on all public contracts (except highways) in excess of $100,000
an action shall be brought or claims so filed within six months following the completion of such public work
null
[ "state" ]
tennessee
shall, after such labor or material is furnished and within 90 days after the completion of such public work, give written notice to either the contractor who executed the bond or the public official
https://fullertonlaw.com/50-state-summary-payment-bond-law
TENNESSEE PUBLIC CONTRACTS AND HIGHWAY PROJECTS Amount of Bond: Bond shall be 25 percent of the contract price on all public contracts (except highways) in excess of $100,000.
Tennessee
Tennessee Code, Title 12, Chapter 4, Part 2, §§12-4-201 to 12-4-206; Title 54, Chapter 5, Part 1, 54-5-119 to 54-5-127
https://referencesource.org/state-public-works-bond-thresholds/tennessee/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
all public contracts (except highways) in excess of $100,000
null
The amount of the contract
No suit may be brought on the payment bond after the expiration of one year after the date the notice of claim is mailed
When the governmental entity is not a municipality or a joint board created under Subchapter D, Chapter 22 of the Transportation Code, contracts excluded are those less than $25,000. When the governmental entity is a municipality or a joint board created under Subchapter D, Chapter 22 of the Transportation Code, contra...
[ "state" ]
texas
must mail to the prime contractor and the surety written notice of the claim on or before the 15th day of the third month after each month in which any of the claimed labor was performed
https://fullertonlaw.com/50-state-summary-payment-bond-law
TEXAS Amount of Bond: The amount of the contract.
Texas
Texas Government Code, Title 10, Subtitle F, Chapters 2253, 2267
https://referencesource.org/state-public-works-bond-thresholds/texas/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
A payment bond must be in an amount equal to 100 percent of the price specified in the contract
to one year after the date of last supplied, labor, service, equipment and/or material for which the claim is made
There are no contracts excluded
[ "state" ]
utah
a preliminary notice must be filed with the State Construction Registry before making a payment bond claim
https://fullertonlaw.com/50-state-summary-payment-bond-law
UTAH Amount of Bond: A payment bond must be in an amount equal to 100 percent of the price specified in the contract.
Utah
Utah Code, Title 14, Chapter 1, §§14-1-18 to 14-1-20; Title 38, Chapter 1b, §§38-1b-101 to 38-1b-203; Title 63G, Chapter 6, §§63G-6-505, 63G-6-506
https://referencesource.org/state-public-works-bond-thresholds/utah/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
null
Within one year after filing the claim, the claimant must file suit in Superior Court
null
[ "state" ]
vermont
Claimants must file a sworn statement of claim under the bond with the secretary within 90 days after final acceptance of the project by the state
https://fullertonlaw.com/50-state-summary-payment-bond-law
VERMONT Amount of Bond: The Agency of Transportation has the power to require any contractor employed in a state project to file a surety bond to the State of Vermont acceptable to the agency.
Vermont
Vermont Statutes, Title 19, Chapter 1, §10
https://referencesource.org/state-public-works-bond-thresholds/vermont/
[ "claim_deadline_days", "preliminary_notice_required", "statutory_citation" ]
null
null
Payment bonds in the sum of the prime contract amount
within one year after the day on which the claimant last performed labor or last furnished materials
null
[ "state" ]
virginia
must give written notice of the bond claim to the prime contractor within 90 days from the date on which the claimant performed the last labor or furnished the last material
https://fullertonlaw.com/50-state-summary-payment-bond-law
VIRGINIA Amount of Bond: Payment bonds in the sum of the prime contract amount required on all public construction contracts exceeding $500,000 and all state transportation related projects exceeding $350,000.
Virginia
Code of Virginia, Title 2.2, Chapter 43, §§2.2-4337 to 2.2-4341
https://referencesource.org/state-public-works-bond-thresholds/virginia/
[ "bond_amount_percentage", "claim_deadline_days", "payment_bond_required_above", "preliminary_notice_required", "statutory_citation" ]
all public construction contracts exceeding $500,000 and all state transportation related projects exceeding $350,000
null
100 percent of the contract amount
No special statutory provision for suit against payment bond is in the statute but it is subject to the general six-year statute of limitations for contract actions
when the contract is for $150,000 or less, then at the option of the contractor or the general contractor/construction manager as defined in RCW 39.10.210, the public body may retain 10 percent of the contract price
[ "state" ]
washington
shall, not later than 10 days after the date of the first delivery of such materials or supplies, deliver or mail a notice to the contractor
https://fullertonlaw.com/50-state-summary-payment-bond-law
Types of Projects: Any contract for a public improvement by Washington State, or any county, municipality or other public body within Washington, requires a surety bond in the amount of 100 percent of the contract amount except: (1) when the contract is for $150,000 or less, then at the option of the contractor or the ...
Washington
RCW 39.08.010, RCW 39.08.030(1)(a)
https://referencesource.org/state-public-works-bond-thresholds/washington/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
penal sum equal at least to the reasonable cost of the materials, machinery, equipment and labor required for the completion of said contract
null
null
[ "state" ]
west-virginia
null
https://fullertonlaw.com/50-state-summary-payment-bond-law
WEST VIRGINIA Amount of Bond: In contracts for the construction, alteration or repair of public buildings other than school edifices, penal sum equal at least to the reasonable cost of the materials, machinery, equipment and labor required for the completion of said contract.
West Virginia
West Virginia Code, Chapter 5, §§5-6-7, 5-22-1; Chapter 17, §17-4-20; Chapter 18, §18-5-12; Chapter 38, §§38-2-21, 38-2-34, 38-2-39
https://referencesource.org/state-public-works-bond-thresholds/west-virginia/
[ "bond_amount_percentage", "payment_bond_required_above", "statutory_citation" ]
county boards of education shall require all persons contracting for the building or repairing of school property, where the contract exceeds $10,000, to execute a bond
null
At least equal to contract price
No later than one year after the completion of the work under the contract
the state may not require a bond on contracts not exceeding $148,000. On contracts with local governments, the local government may not require a bond on contracts not exceeding $74,000
[ "state" ]
wisconsin
within 60 days after the first provision of labor or materials, notified the prime contractor in writing
https://fullertonlaw.com/50-state-summary-payment-bond-law
WISCONSIN Amount of Bond: At least equal to contract price.
Wisconsin
Wisconsin Statutes, Chapter 779, §779.15, cited as Wis. Stat. §779.15
https://referencesource.org/state-public-works-bond-thresholds/wisconsin/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null
Not less than one-half of the contract price, except where such price exceeds $150,000, in which case the bond shall be in such amount as the appropriate officer, agency or governing body deemed sufficient
Suit must be brought within one year after the date of the first publication of notice of final payment of the contract
$7,500 or under
[ "state" ]
wyoming
Subcontractors or materialmen on projects of $50,000 or more must give written notice to the general contractor of his rights under the bond within 60 days of first providing labor or materials
https://fullertonlaw.com/50-state-summary-payment-bond-law
WYOMING PUBLIC PROJECT BONDS Amount of Bond: Not less than one-half of the contract price, except where such price exceeds $150,000, in which case the bond shall be in such amount as the appropriate officer, agency or governing body deemed sufficient.
Wyoming
Wyoming Statutes, Title 16, Chapter 6, Article 1, §§16-6-101 to 16-6-121
https://referencesource.org/state-public-works-bond-thresholds/wyoming/
[ "bond_amount_percentage", "claim_deadline_days", "contracts_excluded", "preliminary_notice_required", "statutory_citation" ]
null
null

State public works payment bond requirements (Little Miller Acts)

Canonical, always-current version: https://referencesource.org/state-public-works-bond-thresholds/ Machine-readable: https://referencesource.org/state-public-works-bond-thresholds/data.json — this mirror is a point-in-time copy.

  • Last verified: 2026-10-15
  • Stale after: 2027-08-17 (past this date, prefer the canonical copy — it re-verifies on a cadence this snapshot does not)
  • Records: 53

Do I need a payment bond on this public works project, and what are the deadlines? Every US state has a 'Little Miller Act' requiring bonds on public construction contracts, but the contract value that triggers the requirement, the bond amount, the notice a subcontractor must serve to preserve a claim, and the deadline for suing on the bond all differ by state. One record per state and territory, each carrying that state's own statutory citation, plus a federal Miller Act row for comparison. Coverage is payment bond law; a performance bond threshold is recorded only for the handful of states whose source states one. States answer the contract-value question in two different ways and the record says which: 'Payment bond required above' is a figure the source states a bond IS required at or above, and 'Contracts excluded' is a figure or class the source states is outside the requirement, or that the public body may waive. A job just above a 'Contracts excluded' figure is bonded. Answers 'Little Miller Act thresholds by state', 'do I need a bond on a $75,000 public project in Virginia', 'state payment bond requirements for construction', 'payment bond claim deadline by state'. Adjacent to mechanics-lien-deadlines, construction-retainage-limits, and construction-prompt-payment-deadlines.

Provenance — what every record carries

Every record carries source (the URL the value was read from) and source_quote (a verbatim quote from that page stating it). A value you cannot check against its page is indistinguishable from an invented one; these can all be checked. Each record is also individually addressable on the canonical site at its url.

Licence position

unknown

Facts are not copyrightable; what this dataset takes from each source is a fact plus a short attributed quote linking back to the page that states it.

Sources

Fields

See any record in data/records.jsonl — field names are self-describing, and the canonical page for each record renders them with labels: https://referencesource.org/state-public-works-bond-thresholds/

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