**State:** Texas

**Payment bond threshold:** 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.

**Bond amount:** The amount of the contract

**Claim deadline:** No suit may be brought on the payment bond after the expiration of one year after the date the notice of claim is mailed

**Preliminary notice required:** 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

**Statutory citation:** Texas Government Code, Title 10, Subtitle F, Chapters 2253, 2267

> TEXAS Amount of Bond: The amount of the contract. Labor and Material Covered: All “public work material” and “public work labor” supplied to the project. “Public work material” means: (1) material used, or ordered and delivered for use, directly to carry out a public work; (2) specially fabricated material, which is material ordered by a prime contractor or subcontractor, that is specially fabricated for use in a public work and reasonably unsuitable for another use; (3) reasonable rental and actual running repair costs for construction equipment used, or reasonably required and delivered for use, directly to carry out work at the project site; or (4) power, water fuel and lubricants used, or ordered and delivered for use, directly to carry out a public work. “Public work labor” means labor used directly to carry out a public work. Notice Required: Notice Required for Claim for Payment for Labor and Material. To recover in a suit on a payment bond for a claim for payment for public work labor performed or public work material delivered, a payment bond beneficiary 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 or any of the claimed material was delivered. The notice must be accompanied by a sworn statement of account that states in substance the amount claimed is just and correct, and all just and lawful offsets, payments and credits known to the affiant have been allowed. The statement of account shall include the amount of any retainage applicable to the account that has not become due under the terms of the public work contract between the payment bond beneficiary and the prime contractor or between the payment bond beneficiary and a subcontractor. Notice of Claim for Unpaid Labor or Materials When Written Agreement Does Not Exist. When no written agreement exists between the claimant and the prime contractor or between the claimant and a subcontractor, the notice for a claim for unpaid bills must contain the name of the party for whom the public work labor was performed or to whom the public work material was delivered, the approximate date of performance or delivery, a description of the public work labor or material for reasonable identification and the amount due. The claimant shall generally itemize the claim and include with it copies of documents, invoices or orders that reasonably identify the public work labor performed or public work material delivered for which the claim is made, the job and the destination of delivery. Notice of Claim for Multiple Items of Labor or Material. When the claim is for multiple items of public work labor or material, to be paid on a lump sum basis, the notice must describe the labor or material in a manner that reasonably identifies the labor or material, state the name of the party for whom the labor was performed or to whom the material was delivered, the approximate date of performance or delivery, whether the contract is written or oral, the amount of the contract and the amount claimed. Notice of Claim for Unpaid Labor or Material Under Written Unit Price Agreement. Where a claimant who is a subcontractor or materialman to the prime contractor or to a subcontractor has a written unit price agreement that is wholly or partially completed, notice is sufficient if a claimant attaches to the sworn statement of account a list of units and unit prices as fixed by its contract, and a statement of those completed and partially completed units. Additional Notice Required for Payment Bond Beneficiary Without Direct Contractual Relationship with Prime Contractor. A payment bond beneficiary who does not have a direct contractual relationship with the prime contractor for public work labor or material must also provide the following notices: (1) To perfect a claim for contractual retainage, the payment bond beneficiary must provide written notice to the prime contractor that the contract provides for retainage, and generally indicates the nature of the retainage on or before the 15th day of the second month after the date of the beginning of the delivery of public work material or the performance of public work labor. (2) To perfect a claim for unpaid public work labor performed or public work material delivered, a second tier payment bond beneficiary must provide written notice to the prime contractor on or before the 15th day of the second month after each month in which the labor was performed or the material was delivered. A copy of the statement sent to a subcontractor is sufficient as notice under this subsection; and (3) To perfect a claim for specifically fabricated materials, a payment bond beneficiary must mail to the prime contractor, on or before the 15th day of the second month after the receipt and acceptance of an order for specially fabricated material, written notice that the order has been received and accepted. These additional notice provisions do not apply to a payment bond beneficiary who is an individual mechanic or laborer who makes a claim for wages. Retainage . Retainage, as defined in the statute, means the part of the payments that is not required to be paid within the month after the month in which the labor is performed or material furnished. Notice Required for Claim for Payment of Retainage. To recover on a payment bond for a claim for payment of retainage, a claimant whose contract with a prime contractor or subcontractor provides for retainage must mail written notice of the claim to the prime contractor and the surety on or before the 90th day after the date of the final completion of the public work contract. The notice shall consist of a statement stating the amount of the contract, any amount paid under the contract, and the outstanding balance. Notwithstanding the above, notice for claim for payment of retainage is not required if the amount claimed is part of a prior claim made for payments other than retainage. Time for Suit: Suit on a payment bond may be filed if the claim is not paid before the 61st day after the date the notice of claim is mailed. No suit may be brought on the payment bond after the expiration of one year after the date the notice of claim is mailed. Contracts Excluded: 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. Penalty for Failure to Take Bond: If the payment bond is not furnished, the governmental entity is subject to the same liability that a surety would have if the surety had issued the payment bond and the governmental entity had required the bond to be provided. Public/Private Partnerships: Chapter 2267 of the Texas Government Code allows governmental entities to enter into comprehensive agreements with private parties to construct qualifying projects, including buildings, hospitals, schools, public works, recreational facilities and other public projects. Among other things, Chapter 2267 provides a process for private parties to submit unsolicited proposals to governmental entities. Chapter 2267 requires subcontractors and suppliers to procure payment and performance bonds in compliance with Chapter 2253 of the Texas Government Code on projects funded by public/private partnerships. Statutory Citation: Texas Government Code, Title 10, Subtitle F, Chapters 2253, 2267.

Source: <https://fullertonlaw.com/50-state-summary-payment-bond-law>

Texas — State public works payment and performance bond thresholds (Little Miller Acts)


**State:** Utah

**Payment bond threshold:** There are no contracts excluded

**Bond amount:** A payment bond must be in an amount equal to 100 percent of the price specified in the contract

**Claim deadline:** to one year after the date of last supplied, labor, service, equipment and/or material for which the claim is made

**Preliminary notice required:** a preliminary notice must be filed with the State Construction Registry before making a payment bond claim

**Statutory citation:** 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

> UTAH Amount of Bond: A payment bond must be in an amount equal to 100 percent of the price specified in the contract. Labor and Material Covered: Labor, service, equipment and/or material supplied to the contractor or its subcontractors for the performance of the work provided for in the contract. Notice Required: No later than 15 days after commencement of physical construction work at a government project site, the original contractor, owner, or owner-builder shall file a notice of commencement with the State Construction Registry. The notice of commencement must include the: (1) owner’s name, address and email address; (2) original contractor’s name, address and email address; (3) payment bond surety’s name and address or a statement that a payment bond was not required; (4) project’s address, if it reasonably identifies the project, or the name and general description of the location of the project if the address does not reasonably identify the project; and (5) government project-identifying information. For subcontractors and suppliers, a preliminary notice must be filed with the State Construction Registry before making a payment bond claim. Conversely, those who contract directly with a project’s owner (i.e., prime contractors) do not have to file a preliminary notice. Subcontractors and suppliers of all tiers must file a preliminary notice within 20 days of their first furnishing labor, service, equipment and/or material to a project or within 20 days of the filing of the notice of commencement, whichever is later. Preliminary notices filed after this timeframe only become effective five days after the date on which they are filed and preclude a subcontractor or supplier from filing a claim for compensation earned for labor, service, equipment and/or material furnished prior to the effective date of the preliminary notice, except as against the person with whom the subcontractor or supplier contracted. The preliminary notice must include the: (1) government project-identifying information; (2) claimant’s name, address and telephone number; (3) name and address of the person who contracted for the labor, service, equipment and/or material; (4) name of the record or reputed owner of the project; (5) name of the original contract under which the work is performed; and (6) project address or a description of the location of the project. A subcontractor or supplier who provides labor, service, equipment, and/or material before the filing of a notice of commencement need not file a preliminary notice to maintain any right they would otherwise have, if the notice of commencement is filed more than 15 days after the day on which the subcontractor or supplier begins work on the project. Time for Suit: A period commencing 90 days after the date on which claimant supplied the last of the labor, service, equipment and/or material for which it claims payment to one year after the date of last supplied, labor, service, equipment and/or material for which the claim is made. Contracts Excluded: There are no contracts excluded. However, rules may provide for waiver of the payment bond requirement for circumstances in which the state considers a payment bond to be unnecessary to protect the state. Penalty for Failure to Take Bond: If the state or a political subdivision fails to obtain a payment bond, it shall, upon demand by a person who has furnished labor or supplied materials to the contractor or subcontractor for the work provided for in a contract promptly make payment to that person. That person shall have a direct right of action against the state or the political subdivision upon giving written notice to the state or political subdivision within 90 days from the date on which such person performed the last of the labor or supplied the last of the material for which claim is made. The person shall state in the notice a designation of the construction project and its location, the amount claimed, and the name of the party for whom the labor was performed or to whom the material was supplied. The notice shall be served by registered or certified mail, postage prepaid, on the state agency or political subdivision that is a party to the contract. No such action 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 such person. There is some question as to whether preliminary notice is required as a prerequisite to commencing a failure to obtain payment bond action. Statutory Citation: 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.

Source: <https://fullertonlaw.com/50-state-summary-payment-bond-law>

Utah — State public works payment and performance bond thresholds (Little Miller Acts)


**State:** Vermont

**Payment bond threshold:** The Agency of Transportation has the power to require any contractor employed in a state project to file a surety bond

**Claim deadline:** Within one year after filing the claim, the claimant must file suit in Superior Court

**Preliminary notice required:** 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

**Statutory citation:** Vermont Statutes, Title 19, Chapter 1, §10

> 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. (19 V.S.A. §10(8)). Labor and Material Covered: The VT Agency of Transportation can require contractors employed on a state transportation improvement project to post a surety bond to the secretary of the agency for the benefit of suppliers of labor, materialmen, machinery, and others, to secure payment of the claims of creditors that supply goods, services, or labor to the project. (19 V.S.A. §10(9)). Notice Required: 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, or within 90 days after the time taxes and contributions to the commissioner of labor are due and payable by the contractor. Within one year after filing the claim, the claimant must file suit in Superior Court, in the name of the secretary of transportation, to enforce the claim. Statutory Citation: Vermont Statutes, Title 19, Chapter 1, §10. Note: The above is current through July 1, 2019, but is subject to change in 2019 legislative session.

Source: <https://fullertonlaw.com/50-state-summary-payment-bond-law>

Vermont — State public works payment and performance bond thresholds (Little Miller Acts)


**State:** Virginia

**Payment bond threshold:** all public construction contracts exceeding $500,000 and all state transportation related projects exceeding $350,000

**Bond amount:** Payment bonds in the sum of the prime contract amount

**Claim deadline:** within one year after the day on which the claimant last performed labor or last furnished materials

**Preliminary notice required:** 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

**Statutory citation:** Code of Virginia, Title 2.2, Chapter 43, §§2.2-4337 to 2.2-4341

> 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. Labor and Material Covered: Labor performed and material furnished to the prime contractor or to a subcontractor in furtherance of the work in the prime contract, including public utility services and equipment rented. Notice Required: No notice is required by a person having a contract with the prime contractor. Claimant having a contract with a subcontractor 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 for which he claims payment, stating with substantial accuracy the amount claimed and the name of the party to whom the work was performed or to whom the material was furnished. Such notice shall be served by registered or certified mail, postage prepaid, to the contractor at any place where his office is regularly maintained for the transaction of business. The 90-day time limit does not apply to claims for retainages. Time for Suit: Suit must be instituted more than 90 days after the last day labor or material was supplied for which payment is claimed, but within one year after the day on which the claimant last performed labor or last furnished materials. Contracts Excluded: Public construction contracts below $500,000 and all state transportation related projects below $250,000, unless required by the public body. Payment and performance bonds can be waived in state transportation related projects of less than $350,000 if there is evidence that a surety company has declined an application from the contractor for a bond. Penalty for Failure to Take Bond: No special statutory provision. Waiver: A waiver of bond rights is void unless in writing and signed after the supply of labor or material. Also, a subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish its bond rights in a contract in advance of furnishing any labor, services or materials. A provision that waives or diminishes a subcontractor’s, lower-tier subcontractor’s, or material supplier’s lien bond in a contract executed prior to providing any labor, services, or materials is null and void. Statutory Citation: Code of Virginia, Title 2.2, Chapter 43, §§2.2-4337 to 2.2-4341.

Source: <https://fullertonlaw.com/50-state-summary-payment-bond-law>

Virginia — State public works payment and performance bond thresholds (Little Miller Acts)


**State:** Washington

**Performance bond threshold:** 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

**Payment bond threshold:** Any contract for a public improvement by Washington State, or any county, municipality or other public body within Washington, requires a surety bond

**Bond amount:** 100 percent of the contract amount

**Claim deadline:** 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

**Preliminary notice required:** 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

**Statutory citation:** RCW 39.08.010, RCW 39.08.030(1)(a)

> WASHINGTON CONTRACTORS BOND ON PUBLIC PROJECTS 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 general contractor/construction manager as defined in RCW 39.10.210, the public body may retain 10 percent of the contract price for a period of 30 days after the date of final acceptance, or until receipt of all necessary releases; or (2) when the contract is for $150,000 or less, an individual surety or sureties may be substituted for a surety company. (RCW 39.08.010, RCW 39.08.030(1)(a)). Additionally, cities, towns and water-sewer districts may by general ordinance fix and determine the amount of such bond and to whom such bond runs. (RCW 39.08.030(1)(a)). On contracts for construction, maintenance or repair of a marine vessel, the department of transportation, a public transportation benefit area, a passenger-only ferry service district, or any county may permit the substitution of one or more of the following alternate forms of security in lieu of all or part of the bond: (1) certified check; (2) replacement bond; (3) cashier’s check; (4) treasury bills; (5) an irrevocable bank letter of credit; and (6) assignment of a savings account, or other liquid assets specifically approved by the secretary of transportation or county engineer, a public transportation benefit area, or a passenger-only ferry service district, for their respective projects. (RCW 39.08.100). Labor and Material Covered: All laborers, mechanics, subcontractors and material suppliers and all persons who shall supply such person or persons with provisions or supplies for the carrying on, prosecution, or doing of any public work. (RCW 39.08.030(1)(a)). Notice Required by Suppliers: Every person, firm or corporation furnishing materials, supplies or provisions to someone other than the general contractor 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 that is the recipient of the materials, supplies or provisions. (RCW 39.08.065). The notice should be sent via certified or registered mail, return receipt requested, or personally served. (RCW 39.08.065). It is recommended that this notice be sent to the claimant’s customer, the bonding company and the public body. Contents of Notice Required by Suppliers: The notice required by RCW 39.08.065 should state in substance and effect that such person, firm or corporation has commenced to deliver materials, supplies or provisions for use thereon, with the name of the subcontractor or agent ordering or to whom the same is furnished and that such contractor and his or her bond will be held for the payment of the same. No suit or action may be maintained in any court against the contractor or his or her bond to recover for such material, supplies or provisions or any part thereof unless the lien claimant gave the notice required by RCW 39.08.065. Filing Claim: The lien claimant shall not have any right of action on the bond unless, within 30 days after acceptance of the project by the public body, the lien claimant files with such public entity a claim ( see sample below). (RCW 39.08.030). The notice should be sent via certified or registered mail, return receipt requested, or personally served on the public body. It is recommended that this notice also be sent to the lien claimant’s customer and the bonding company. The notice must give the claimant’s name, the amount of the claim, the bonding company and identify the project. This notice must be signed by the claimant or the claimant’s agent making the claim or giving the notice and, after being presented and filed, the notice becomes a public record. (RCW 39.08.030(1)(b)). Contents of Claim: To (here insert the name of the state, county or municipality or other public body, city, town or district): Notice is hereby given that the undersigned (here insert the name of the laborer, mechanic or subcontractor, or material supplier, or person claiming to have furnished labor, materials or provisions for or upon such contract or work) has a claim in the sum of __ dollars (here insert the amount) against the bond taken from __ (here insert the name of the principal and surety or sureties upon such bond) for the work of __ (here insert a brief mention or description of the work concerning which said bond was taken). (here to be signed) __ (RCW 39.08.030(1)(a)). Time for Suit: 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 or the limitations to bring suit contained in the bond itself. However no attorneys’ fees will be allowed in any suit or action brought or instituted before the expiration of 30 days following the date of filing of the above notice. (RCW 39.08.030(1)(b)). Penalty for Failure to Take Bond: A public body, excluding the state, is liable to all persons authorized to sue on the bond to the full extent and for the full amount of all debts due them by the contractor. (RCW 39.08.015). Statutory Citation: Revised Code of Washington, Title 39, Chapter 39.08, §§39.08.010 to 39.08.100.

Source: <https://fullertonlaw.com/50-state-summary-payment-bond-law>

Washington — State public works payment and performance bond thresholds (Little Miller Acts)


**State:** West Virginia

**Payment bond threshold:** 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

**Bond amount:** penal sum equal at least to the reasonable cost of the materials, machinery, equipment and labor required for the completion of said contract

**Statutory citation:** 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

> 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. In the case of highway work, in such penal sum as the State Road Commissioner shall require, but not to exceed the contract price. With respect to school construction, 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, with approved security, in the amount of the contract price. Labor and Material Covered: All materials, machinery, equipment and labor delivered to the contractor for use in the erection, construction, improvement, alteration or repair of any public building used or to be used for public purposes. Contracts Excluded: No special statutory provision. However, see Payment is an Affirmative Defense (or Partial Defense) for Certain Owners discussed above. West Virginia Code §§38-2-21, 38-2-34. Penalty for Failure to Take Bond: No special statutory provision. Statutory Citation: 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.

Source: <https://fullertonlaw.com/50-state-summary-payment-bond-law>

West Virginia — State public works payment and performance bond thresholds (Little Miller Acts)


**State:** Wisconsin

**Payment bond threshold:** 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

**Bond amount:** At least equal to contract price

**Claim deadline:** No later than one year after the completion of the work under the contract

**Preliminary notice required:** within 60 days after the first provision of labor or materials, notified the prime contractor in writing

**Statutory citation:** Wisconsin Statutes, Chapter 779, §779.15, cited as Wis. Stat. §779.15

> WISCONSIN Amount of Bond: At least equal to contract price. Labor and Material Covered: All labor services, materials, plans or specifications performed, furnished or procured for the purposed of making the public improvement or performing the public work where the claimant has a direct contract with the prime contractor or with any subcontractor of the prime contractor. However, in the case of state highway projects, any claimant that only contracts with a subcontractor has no bond rights under the statute. Notice Required: If a subcontractor or supplier has rights, then the subcontractor or supplier may only maintain an action if the claimant has, within 60 days after the first provision of labor or materials, notified the prime contractor in writing that the claimant has or will provide labor and materials on the project, except if the subcontractor or supplier is listed on the prime contractor’s contract with the public body. Time for Suit: No later than one year after the completion of the work under the contract. Contracts Excluded: On contracts with the state, 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. Penalty for Failure to Take Bond: No special statutory provision. Lien on Public Funds: Any claimant who has a direct contract with the prime contractor shall have a lien on the funds due or to become due the prime contractor, before payment is made to the prime contractor. Written notice must be served on the public body and prime contractor before payment is made to the prime contractor. The prime contractor has 30 days to dispute the claim. If no dispute then the public entity shall pay the claim. If the prime contractor disputes the claim then suit must be filed within three months of notice of the dispute of the claim, otherwise the lien rights are barred. Lower tier subcontractors, suppliers and materialmen have no lien rights on public funds. Statutory Citation: Wisconsin Statutes, Chapter 779, §779.15, cited as Wis. Stat. §779.15.

Source: <https://fullertonlaw.com/50-state-summary-payment-bond-law>

Wisconsin — State public works payment and performance bond thresholds (Little Miller Acts)


**State:** Wyoming

**Payment bond threshold:** $7,500 or under

**Bond amount:** 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

**Claim deadline:** Suit must be brought within one year after the date of the first publication of notice of final payment of the contract

**Preliminary notice required:** 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

**Statutory citation:** Wyoming Statutes, Title 16, Chapter 6, Article 1, §§16-6-101 to 16-6-121

> 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. Labor and Material Covered: All work, labor, material or goods of any kind which were used in the execution of the contract concerning any public building or other public structure. Notice Required: 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. The notice must be sent by certified mail or delivered to and receipted by the prime contractor or his agent. If this notice is not given, all rights under the payment bonds are waived. The notice must contain the following information: It shall state that it is a notice of a right to protection under the bond or guarantee; The notice shall be signed by the subcontractor or materialman; Must contain the subcontractor’s or materialman’s name, address, phone number and name of a contact person; The name and address of the subcontractor’s or materialman’s vendor; The type or description of the materials or services provided. (Wyo. Stat. §16-6-121). However, for the notice requirement to be effective the prime contractor must post on the construction site a prominent sign citing Section 16-6-121 and stating that any subcontractor or materialman shall give notice to the prime contractor of a right to protection under the bond or guarantee and that failure to provide the notice shall waive the subcontractor or materialman’s protection under the bond or guarantee and shall waive any right to a lien for materials or services provided. In addition, the owner or his agent must provide a written notice of the information required by Section 16-6-121 in the project specifications. Time for Suit: Suit must be brought within one year after the date of the first publication of notice of final payment of the contract. Any person entitled to protection of the bond shall notify the obligee named in the bond at the beginning of his suit and shall include in said notice the names of the parties, a description of the guarantee and the amount and nature of his claim. Contracts Excluded: $7,500 or under. Penalty for Failure to Take Bond: None. Statutory Citation: Wyoming Statutes, Title 16, Chapter 6, Article 1, §§16-6-101 to 16-6-121.

Source: <https://fullertonlaw.com/50-state-summary-payment-bond-law>

Wyoming — State public works payment and performance bond thresholds (Little Miller Acts)