Missouri

For Missouri, payment bond threshold is required to be posted for jobs where the general contract is in excess of $50,000.00; preliminary notice required is A Notice must be served within 90 days of the last furnishing or labor or material to the jobsite; statutory citation is Missouri Revised Statutes, Title 2, Chapter 8, §8.250; Title 4, Chapter 34, §§34.057, 34.058.1, verified against its source on 2026-08-17.

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What the source says

MISSOURI Public Works Payment Bonds: Like most states, Missouri does not allow mechanic’s liens on public property. The alternative to mechanic’s lien rights are public works bonds which are required to be posted for jobs where the general contract is in excess of $50,000.00. Such bonds, among other things, shall be conditioned for the payment of any and all materials, incorporated, consumed or used in connection with the construction of such work, and all insurance premiums, both for compensation, and for all other kinds of insurance, said work, and for all labor performed in such work whether by subcontractor or otherwise. The statutes affecting public works bonds are sometimes known collectively as The Little Miller Act. The term “public works contract” means a contract of the state, county, city and other political subdivisions of the state, except the Missouri transportation department, for the construction, alteration, repair, or maintenance of any building, structure, highway, bridge, viaduct, pipeline, public works, or any other works dealing with construction, which shall include, but need not be limited to, moving, demolition, or excavation performed in conjunction with such work. Some of the items protected by a payment bond differ what is lienable in a private project. Material, lubricants, oil, gasoline, grain, hay, feed, coal and coke, repairs to machinery, groceries and foodstuffs, equipment and tools, consumed or used in connection with the construction of the public improvement and all insurance premiums, both compensation and all other kinds of insurance, are covered by the bond. As with mechanic’s liens, a subcontractor or supplier is required to give Notice before filing suit. The terms of the bond control. However, typically bonds have a 90-day Notice requirement. A Notice must be served within 90 days of the last furnishing or labor or material to the jobsite. The Notice must be served upon the surety, the governmental entity and the general contractor. The Notice must identify the claimant, the amount due and from whom. the terms of the bond will typically be enforced. Oftentimes the bond will provide a one year deadline for the claimant to file suit. One year is shorter than the satute of limitations for contract claims. Some courts have rejected the one year deadline in the bond in favor of the statutory limitations period. Prompt Payment Act: Missouri has both a public and a private Prompt Payment Act. The Private Prompt Payment Act requires prompt payment for private construction contracts (except owner occupied repair or remodeling jobs). Without the PPPA, an unpaid claimant could interest at 9% simple. An attorney’s fee could only be awarded the unpaid creditor if there was a written contract which so provided. The PPPA makes it discretionary with the Judge to award the creditor its attorney’s fee and interest at 1½% per month even for verbal contracts. The Public Prompt Payment Act requires the governmental entity to pay the GC according to terms of the statute unless a contract provides to the contrary. It also addresses retainage. The Public Act requires the GC to pay its subs within 15 days of receipt of payment. Failure to do so within the time required may make the GC vulnerable to pay the claimant’s attorney’s fee and interest at 1½% per month. The statute addresses retainage and circumstances in which less than payment in full is received. The Public Prompt Payment Act also expressly protects professional engineers, architects, landscape architects and land surveyors. Statutory Citation: Varied, but includes St. Louis Revised Code, Chapter 6.04, §6.04.100. Missouri Revised Statutes, Title 2, Chapter 8, §8.250; Title 4, Chapter 34, §§34.057, 34.058.1.

— fullertonlaw.com, retrieved 2026-08-17

Source

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

Last verified against source: 2026-08-17. Due for re-check by 2027-08-17. This page as Markdown · OKF bundle · full dataset as JSON.