Mississippi
For Mississippi, performance bond threshold is 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; bond amount is in an amount not less than the amount of the contract; claim deadline is 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; preliminary notice required is 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; statutory citation is Mississippi Code Annotated, Title 31, Chapter 5, §§31-5-51 to 31-5-57, verified against its source on 2026-08-17.
- State
- Mississippi our reading
- Performance bond threshold
- 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. verified
- Bond amount
- in an amount not less than the amount of the contract verified
- Claim deadline
- 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 verified
- Preliminary notice required
- 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 verified
- Statutory citation
- Mississippi Code Annotated, Title 31, Chapter 5, §§31-5-51 to 31-5-57 verified
Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.
What the source says
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 payable to such public body but conditioned for the prompt payment of all persons supplying labor or material used in the prosecution of the work under said contract, for the use of each such person, in an amount not less than the amount of the contract. Labor and Material Covered: All persons supplying labor or material used in the prosecution of the work. The labor and/or materials must have been approved by the public authority or its architect or engineer, where required. The Little Miller Act provides that the only persons that a payment bond must protect on a state or local public job are: (a) first tier subcontractors and material suppliers below the prime contractor; (b) second tier sub-subcontractors and material suppliers below subcontractors who give notice of their claims within 90 days of their last addition of labor or materials; and (c) laborers with wage claims who have performed work on the project site. The Little Miller Act does not require protection for materialmen of materialmen, and for subs below the sub-sub level, although the bond itself may include such protection. Notice Required: Persons having a direct contractual relationship with a subcontractor but not the contractor 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. Time for Suit: When suit is instituted on a performance bond given in accordance with this chapter, it shall be commenced within one year after the obligee shall have made final payment on the contract; provided, however, if the contract is abandoned by the general contractor as bond principal or is terminated by the bond obligee, suit shall be commenced within one year after the earlier of the abandonment by the bond principal or termination by the bond obligee. When suit is instituted on a payment bond given in accordance with this chapter, 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 and not later. Any suit brought on a performance or payment bond given in accordance with this chapter shall be brought in the county in which the contract or some part thereof was performed or in the county in which service of process may be obtained upon either the principal or the surety on such bond. Attorneys’ Fees: Whenever any person supplying labor or material in the prosecution of the work brings an action on such payment bond and the trial judge finds that the defense raised to such action by the contractor or surety was not reasonable, or not in good faith, or merely for the purpose of delaying payment, then the trial judge may, in his discretion, award the claimant a reasonable amount to be determined by the trial judge as claimant’s attorneys’ fees in bringing such successful action. Likewise, if the trial judge finds that such action was brought by claimant without just cause or in bad faith, the trial judge may, in his discretion, award the contractor or surety a reasonable amount to be determined by the trial judge as attorneys’ fees for defending such action; provided, however, this section shall not affect the right of any person to recover attorneys’ fees where provided by contract or bond. Contracts Excluded: 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. General Liability Insurance Coverage: Any person entering into a formal contract with the state which exceeds $5,000, or with a county, city, or other public authority which exceeds $25,000, for the construction, alteration, or repair of any public building or public work, before entering into such contract, shall furnish to the public body proof of general liability insurance coverage in an amount not less than $1,000,000 for bodily injury and property damage. Exempted from the provisions of this subsection are any persons who enter into a contract with the Mississippi Department of Rehabilitation Services for the construction, alteration or repair of the home of a disabled individual who has been determined eligible for services by the Mississippi Department of Rehabilitation Services. Payment of Interest on Delinquent Accounts: When a contractor receives any payment under a public construction contract, the contractor shall, upon receipt of that payment, pay each subcontractor and material supplier in proportion to the percentage of work completed by each subcontractor and material supplier. If for any reason the contractor receives less than the full payment due under the public construction contract, the contractor shall be obligated to disburse on a pro rata basis those funds received, with the contractor, subcontractors and material suppliers each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make any payment to his subcontractors and material suppliers within 15 days after the receipt of payment under the public construction contract, the contractor shall pay to his subcontractors and material suppliers, in addition to the payment due them, a penalty in the amount of ½ of 1 percent per day of the delinquency, calculated from the expiration of the 15-day period until fully paid. The total penalty shall not exceed 15 percent of the outstanding balance due. Penalty for Failure to Take Bond: No special statutory provision. Statutory Citation: Mississippi’s Little Miller Act appears at Mississippi Code Annotated, Title 31, Chapter 5, §§31-5-51 to 31-5-57. (Rev. 1972).
— fullertonlaw.com, retrieved 2026-08-17
Source
- fullertonlaw.comhttps://fullertonlaw.com/50-state-summary-payment-bond-law