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

For Louisiana, payment bond threshold is a contract in excess of $25,000 for the construction, alteration or repair of any public work; bond amount is a bond furnished in an amount not less than 50 percent of the contract price; claim deadline is On public works, one year following the date upon which the notice of termination was filed; statutory citation is 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, verified against its source on 2026-08-17.

- **State:** Louisiana _(our reading, not quoted from the source)_
- **Payment bond threshold:** a contract in excess of $25,000 for the construction, alteration or repair of any public work _(verified: appears in the quote below)_
- **Bond amount:** a bond furnished in an amount not less than 50 percent of the contract price _(verified: appears in the quote below)_
- **Claim deadline:** On public works, one year following the date upon which the notice of termination was filed _(verified: appears in the quote below)_
- **Statutory citation:** 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 _(verified: appears in the quote below)_

## What the source says

> LOUISIANA Amount of Bond: Private Works. The owner may relieve himself of the claims and privileges afforded by the Private Works Act if he requires the contractor to give a bond with good and sufficient surety. The amount of the bond must be the amount of the contract, if the contract does not exceed $10,000; between $10,000 and $100,000 the amount of the bond must be 50 percent of the contract, but in no event less than $10,000. For contracts over $100,000, but not in excess of $1,000,000, the bond must be 33⅓ percent of the contract, but in no event less than $50,000, and for contracts exceeding $1,000,000 the bond must be 25 percent of the amount of the contract but not less than $333,333. The bond must be attached to and recorded with the contract (or notice of contract). 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 contract price. The bond is given to ensure the faithful performance of the contract and for the payment of certain claims arising out of the work. Under a 1985 amendment to the Public Works Act, lessors of equipment used in the construction project are now protected by the Act. Although the statute only requires a bond in an amount equal to 50 percent of the contract price, nearly all public contract bonds are for the full amount of the contract. On public contracts of $200,000 or less, 50 percent of the performance bond required by the bid is waived for any contractor who: (1) qualifies as a small business; (2) is a “responsible bidder;” (3) has been certified by the director of the Department of Economic Development to be in compliance with the criteria set forth by the Department of Economic Development; (4) has been operating under the same name for over three years; and (5) has been denied a guaranteed bond by the Small Business Administration or an established surety firm, for any reason other than a previous performance default. Under Louisiana law, a public works bond is considered a statutory bond. This means that regardless of the contents and provisions of the bond document itself, the bond is deemed to provide coverage under such terms as are specified in the Public Works Act. This entails that any provisions of the Act which were omitted from the bond would be read into the bond, and extra-statutory language in the bond would be read out of the bond. This is known as the “read-in, read-out” rule. Labor and Material Covered: Any person to whom money is due pursuant to a contract with a contractor or subcontractor for doing work, performing labor or furnishing materials or supplies for the construction, alteration, or repair of any public works, or for transporting and delivering such materials or supplies to the site of the job by a for-hire carrier, or for furnishing oil, gas, electricity or other materials or works, including persons to whom money is due for the lease or rental of movable property used at the site and including any architect or consulting engineer engaged by the contractor or subcontractor in connection with the building of any public work. See Chapter 1. Notice Required: See Chapter 1. However, it must be noted that suits on “conventional” bonds—that is, on bonds not supplied in accordance with or pursuant to statutory requirements—are not subject to claim restrictions based on the Private and Public Works Acts and the filing and notice requirements therein contained. Instead, claims against conventional bonds are governed by the terms of the bond and the prescriptive statutes (statutes of limitation) governing conventional obligations. Time for Suit (for statutory bonds and related “lien” type claims only): On private works, one year following the date upon which the lien was filed. On public works, one year following the date upon which the notice of termination was filed. Attorneys’ Fees Recoverable by Claimant: In the public works context, after amicable demand for payment has been made on the principal and surety and 30 days have elapsed without payment being made, any claimant recovering the full amount of his timely and properly recorded or sworn claim, whether by concursus proceeding or separate suit, shall be allowed 10 percent attorneys’ fees which shall be taxed in the judgment on the amount recovered. Penalty for Failure to Take Bond: In the private context, there is no penalty in the strict sense, other than the loss of protections for the owner from personal liability and from the in rem liability related to the property that is the subject of the work. On public jobs, when an awarding authority makes final payment to the contractor without deducting the total amount of all outstanding claims properly served on it or without obtaining a bond (in this case, a release of lien bond; the existing payment bond will not suffice for the purpose) from the contractor to cover the total amount of all outstanding claims, the awarding authority shall become liable from its ordinary budget for the amount of these claims. Statutory Citation: 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.

## Source

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

Last verified: 2026-08-17. Review by: 2027-08-17.
Part of [State public works payment and performance bond thresholds (Little Miller Acts)](https://referencesource.org/state-public-works-bond-thresholds/).