State public works payment and performance bond thresholds (Little Miller Acts)
Do I need a surety bond on this public works project in my state, and how much? Every US state has a 'Little Miller Act' requiring performance and/or payment bonds on public construction contracts, but the dollar thresholds, bond percentages, notice requirements, and claim deadlines differ in every state. California requires bonds on all public works contracts (no minimum) with payment bonds over $25,000. Texas requires bonds over $100,000 for state entities, $25,000 for payment bonds. Washington allows retainage in lieu of bond under $150,000. One record per state, sourced from the state's own statute. 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'. Adjacent to mechanics-lien-deadlines, construction-retainage-limits, and construction-prompt-payment-deadlines.
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| State | Payment bond threshold | Bond amount | Claim deadline | Preliminary notice required | Statutory citation | Performance bond threshold |
|---|---|---|---|---|---|---|
| Alabama | Less than $50,000 | Not less than 50 percent of the contract price | not later than one year from the date of final settlement of the contract | 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 | Code of Alabama, Title 39, Chapter 1, Division 8, §§39-1-1 | |
| Alaska | Under $100,000 | 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 the contract is more than $5,000,000 the payment bond is in the sum of $2,500,000 | such action must be commenced within one year after the date of final settlement of the contract | 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 the material for which the claim is made | Alaska Statutes, Title 36, Chapter 36.25, §§36.25.010 to 36.25.020 | |
| Arizona | 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 | 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 | Arizona Revised Statutes, Title 34, Chapter 2, Article 2, §§ 34-222-223 | Both a performance bond and a payment bond must equal the full contract amount | |
| Arkansas | all public works exceeding $20,000 | 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 | No special statutory provision | 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 | |
| California | Contracts less than $25,000 are excluded from bond requirements | 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 | A claimant must give the preliminary notice as required for stop payment notices for public works | 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 | |
| Colorado | 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 the State of Colorado. | 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 | may file, with the official awarding the contract, a verified statement of the amount due and unpaid | §§38-26-102, 38-26-105, 38-26-106, C.R.S. | |
| Connecticut | Under $100,000 | 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 | may enforce the right to payment under the bond by serving a written notice of claim within 180 days | Connecticut General Statutes, Title 49, Chapter 847, §§49-41 to 49-42 | |
| Delaware | A special state body, the Contracting and Purchasing Advisory Council, sets the threshold amount for “large public works” where bonds are required | 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 | No special statutory provision, review bond for timeframes | Delaware Code Annotated, Title 29, Chapter 69, §6962 | |
| District of Columbia | Procurement regulations may waive bonds for contracts of $100,000 or less | 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 | 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 | District of Columbia Code, Division I, Title 2, Chapter 3A, Subchapter VII, §§2-357.01 to 2-357.06 | |
| Federal (Miller Act) | for construction contracts greater than $35,000, but not greater than $150,000, the contracting officer shall select two or more of the following payment protections | 100 percent of the original contract price | 40 U.S.C. chapter 31 | requires performance and payment bonds for any construction contract exceeding $150,000 | ||
| Florida | The threshold for exemption from the bond requirement is $100,000 on public works | 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 | 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 | Florida Statutes, Title XVIII, Chapter 255, §255.05 | |
| Georgia | Less than $100,000 | 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 | 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 | Official Code of Georgia, Title 13, Chapter 10, §§13-10-60 to 13-10-65 | |
| Hawaii | All public construction projects which exceed $25,000 | 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 | 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 | Hawaii Revised Statutes, Division 1, Title 9, Chapter 103D, §324 | |
| Idaho | any contract equal to or greater than fifty thousand dollars | 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 | 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 | Idaho Statutes, Title 54, §§ 54-5203, 54-5217, 54-1902, 54-1925 to 1929 | |
| Illinois | 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 | 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 | Illinois Compiled Statutes, 30 ILCS 550/0.01 to 550/3 | ||
| Indiana | Title 4, Title 5, Title 8 and Title 36 require bonds for state and local projects in excess of $200,000 | 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 | 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 | 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 | |
| Iowa | Public improvement contracts under $25,000 | 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 | Such notice must be received by the principal contractor within thirty days of first performing or furnishing | Iowa Code, Title XIV, Subtitle 3, Chapter 573 | |
| Kansas | Required if the contract exceeds $100,000 | 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 | No special statutory provision, so review bond to determine deadlines | Kansas Statutes, Chapter 60, Article 11, §§60-1110 to 60-1111 | |
| Kentucky | Under $25,000 | 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 | 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 | Kentucky Revised Statutes, Title XXXI, Chapter 376.100 | |
| Louisiana | a contract in excess of $25,000 for the construction, alteration or repair of any public work | 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 | 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 | ||
| Maine | any contract exceeding $125,000 | 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 | 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 | Maine Revised Statutes, Title 14, Chapter 205, Subchapter 3, §871 | any contract exceeding $125,000 |
| Maryland | a construction contract exceeding $100,000 | 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 | 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 | Maryland Code Annotated, Finance and Procurement, Title 17, §§17-101 to 17-111 | a construction contract exceeding $100,000 |
| Massachusetts | 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 | 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 | 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 | Massachusetts General Laws, Part I, Title XXI, Chapter 149, §§26, 27D, 28, 29, 44A | |
| Michigan | Any contract exceeding $50,000 for the construction, alteration, or repair of any public building or public work or improvement | 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 | 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 | Michigan Compiled Laws, Chapter 129, §129.201 | Any contract exceeding $50,000 for the construction, alteration, or repair of any public building or public work or improvement | |
| Minnesota | Projects under $100,000 | 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 | 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 | Minnesota Statutes, Chapter 574, §§ 574.26 to 574.32 | |
| Mississippi | 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 | 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 | Mississippi Code Annotated, Title 31, Chapter 5, §§31-5-51 to 31-5-57 | 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. | |
| Missouri | required to be posted for jobs where the general contract is in excess of $50,000.00 | A Notice must be served within 90 days of the last furnishing or labor or material to the jobsite | Missouri Revised Statutes, Title 2, Chapter 8, §8.250; Title 4, Chapter 34, §§34.057, 34.058.1 | |||
| Montana | 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. | 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 | Not later than 30 days after the date of the first delivery of the provender, material, supplies or provisions to any subcontractor | 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 | |
| Nebraska | 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 | 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 | 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 | Nebraska Revised Statutes, Chapter 52, §§52-118 to 52-118.02 | |
| Nevada | Contracts less than $100,000 are excluded from bond requirements | 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 | 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 | Nevada Revised Statutes, Title 28, Chapter 339, §§ 339.015 to 339.065 | |
| New Hampshire | an expenditure of $75,000 in behalf of the state or $125,000 in behalf of a political subdivision | a bond in an amount equal to at least 100 percent of the contract price | shall within 90 days after the completion and acceptance of the project by the contracting party file a statement of claim | shall within 90 days after the completion and acceptance of the project by the contracting party file a statement of claim | New Hampshire Revised Statutes, Title XLI, Chapter 447, §§447:15 to 447:18 | |
| New Jersey | The state may waive the bond requirements on contracts for its public works not in excess of $200,000 | At least 100 percent of the contract price | within one year of the date of last furnishing of materials and labor | shall provide the contractor with written notice via certified mail, prior to furnishing work, that such person is a beneficiary under the bond | New Jersey Statutes Annotated, Title 2A, §§2A:44-143 to 44-147 | |
| New Mexico | For contracts greater than $25,000 | 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 | 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 | 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 | |
| New York | Payment bond may be waived for public works contracts for less than $50,000 | 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 | 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 | New York Finance Law, Article 9, §137 | |
| North Carolina | Under $300,000 ($500,000 for state contracts) | 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 | 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 | North Carolina General Statutes, Chapter 44A, Article 2, Part 1, §§44A-25 to 44A-35 | |
| North Dakota | 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 | has given written notice to the contractor, within 90 days from the date on which the person completed the contribution | North Dakota Century Code, Title 48, Chapter 48-01.2, §§48-01.2-01 to 48-01.2-25 | ||
| Ohio | No specific statutory provision | suit must be commenced not later than one year from date of acceptance of the public improvement by the Public Authority | 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 | Ohio Statutes, Title 1, Chapter 153, §§153.56, 153.57, 153.571 | ||
| Oklahoma | Under $50,000 | 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 | 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 | Oklahoma Statutes, Title 61, §61.2 | |
| Oregon | 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 | 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 | 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 | Oregon Revised Statutes, Volume 7, Title 26, Chapter 279C, §§279C.380, 279C.390, 279C.600 to 279C.625 | |
| Pennsylvania | Under $5,000 | 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 | 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 | Pennsylvania Consolidated Statutes, Title 8, §§191-202 | |
| Puerto Rico | No special statutory provision | 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 | shall have the right to file suit on the bond without necessity for previous notice | Puerto Rico Laws Annotated, Title 22, Chapter 3 | |
| Rhode Island | 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 | 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 | 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 | Rhode Island General Laws, Chapter 37-12, §§37-12-1 to 37-12-11 | |
| South Carolina | Under $10,000 (highway work) | 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 | 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 | South Carolina Code of Laws, Title 29, Chapter 5, §29-5-440 | For public highway construction contracts, a performance bond for 100 percent of the contract and in no case less than $10,000 |
| South Dakota | The state may waive the bond requirement on contracts of less than $50,000 for any public improvement | may be issued for the total cost of the improvements | A party may not sue for payment until six months after complete performance of the obligations of the contract for improvement | Notice of a suit must be given to all known creditors informing each of their right to intervene | 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 | |
| Tennessee | all public contracts (except highways) in excess of $100,000 | 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 | 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 | 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 | |
| Texas | 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, contracts excluded are those less than $50,000. | 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 | 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 | Texas Government Code, Title 10, Subtitle F, Chapters 2253, 2267 | |
| Utah | There are no contracts excluded | 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 | a preliminary notice must be filed with the State Construction Registry before making a payment bond claim | 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 | |
| Vermont | The Agency of Transportation has the power to require any contractor employed in a state project to file a surety bond | Within one year after filing the claim, the claimant must file suit in Superior Court | 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 | Vermont Statutes, Title 19, Chapter 1, §10 | ||
| Virginia | all public construction contracts exceeding $500,000 and all state transportation related projects exceeding $350,000 | 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 | 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 | Code of Virginia, Title 2.2, Chapter 43, §§2.2-4337 to 2.2-4341 | |
| Washington | Any contract for a public improvement by Washington State, or any county, municipality or other public body within Washington, requires a surety bond | 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 | 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 | RCW 39.08.010, RCW 39.08.030(1)(a) | 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 |
| West Virginia | 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 | 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 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 | |||
| Wisconsin | 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 | At least equal to contract price | No later than one year after the completion of the work under the contract | within 60 days after the first provision of labor or materials, notified the prime contractor in writing | Wisconsin Statutes, Chapter 779, §779.15, cited as Wis. Stat. §779.15 | |
| Wyoming | $7,500 or under | 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 | 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 | Wyoming Statutes, Title 16, Chapter 6, Article 1, §§16-6-101 to 16-6-121 |
Where this came from
Every record above links the page it was taken from and quotes the sentence that states it. These are the 2 sources this dataset was assembled from.
- fullertonlaw.comhttps://fullertonlaw.com/50-state-summary-payment-bond-law
- acquisition.govhttps://www.acquisition.gov/far/subpart-28.1
Machine-readable
- data.jsonThe whole dataset — every record with its source URL and source quote.
- Open Knowledge Format bundleOne JSON object per line — every record's frontmatter and quoted span exactly as it is held here, in one fetch.
- How this is made and checkedWhat "verified against source" does and does not mean.