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

For Massachusetts, payment bond threshold is 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; bond amount is not less than one-half of the total contact price; claim deadline is 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; preliminary notice required is 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; statutory citation is Massachusetts General Laws, Part I, Title XXI, Chapter 149, §§26, 27D, 28, 29, 44A, verified against its source on 2026-08-17.

- **State:** Massachusetts _(our reading, not quoted from the source)_
- **Payment bond threshold:** 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 _(verified: appears in the quote below)_
- **Bond amount:** not less than one-half of the total contact price _(verified: appears in the quote below)_
- **Claim deadline:** 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 _(verified: appears in the quote below)_
- **Preliminary notice required:** 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 _(verified: appears in the quote below)_
- **Statutory citation:** Massachusetts General Laws, Part I, Title XXI, Chapter 149, §§26, 27D, 28, 29, 44A _(verified: appears in the quote below)_

## What the source says

> MASSACHUSETTS Amount of Bond: A bond in the amount of not less than one-half of the total contact price shall be obtained. Labor and Material Covered: All subcontractors and materialmen. Notice Required: A claimant having a contractual relationship with a subcontractor, but not with the general contractor, 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, stating with substantial accuracy the amount claimed, the name of the party for whom such labor was performed or such labor, materials, equipment, appliances or transportation was furnished. To make a claim covering specially fabricated material the claimant must give the contractor principal written notice of the placement of the order and the amount thereof not later than 20 days after receiving the final approval in writing for the use of the material. The notices shall be served by mailing a sworn statement by registered or certified mail postage prepaid in an envelope addressed to the contractor principal at any place at which the contractor principal maintains an office or conducts his business, or at the contractor principal’s residence, or in any manner in which civil process may be served. Time for Suit: 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, and by prosecuting the claim thereunder by trial in the superior court to final adjudication. Demand for Direct Payment: A written demand for direct payment directly to the awarding authority is a way for a “subcontractor” to be paid by the awarding authority for both progress payments and for final payments on certain kinds of public work. For the purposes of this remedy, a “subcontractor” is defined as being three things: (1) a filed sub-bidder with a written subcontract on public building contracts; (2) for either public buildings or public works, an entity approved by the awarding authority in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the general contractor; and (3) for contracts with the Commonwealth (only) and not awarded under the competitive bid statute for buildings, a person contracting with the general contractor to supply materials used in a public works project for a price in excess of $5,000. Contracts Excluded: Statute requires that bond must be furnished where the amount of the contract is 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. New Reform Legislation: Highlights of Chapter 193 of the Acts of 2004 (An Act Further Regulating Public Construction in the Commonwealth) include: filed sub-bid subcontractors must furnish payment and performance bonds on projects where prequalification is required or utilized by the awarding authority; requires an owner’s project manager for projects valued at $1.5 million or more; requires DCAM certification of subcontractors submitting filed sub-bids after January 1, 2005; subcontractors must furnish payment and performance bonds on CM at Risk projects. Public Construction/Prevailing Wage: The Massachusetts prevailing wage laws require that employees on public works projects, except those who perform strictly supervisory functions, be paid a minimum hourly rate set by the Department of Labor and Workforce Development, Division of Occupational Safety (DOS) (Mass. General Laws c. 149, s. 26). Penalty for Failure to Take Bond: No special statutory provision. Statutory Citation: Massachusetts General Laws, Part I, Title XXI, Chapter 149, §§26, 27D, 28, 29, 44A et al .

## 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/).