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

For New York, payment bond threshold is Payment bond may be waived for public works contracts for less than $50,000; bond amount is No special statutory provision; claim deadline is No action on a payment bond shall be commenced after the expiration of one year from the date that the public entity accepted the completion of the project; preliminary notice required is must give written notice to the contractor within 120 days from the date on which the last of the labor was performed or the last of the material was furnished; statutory citation is New York Finance Law, Article 9, §137, verified against its source on 2026-08-17.

- **State:** New York _(our reading, not quoted from the source)_
- **Payment bond threshold:** Payment bond may be waived for public works contracts for less than $50,000 _(verified: appears in the quote below)_
- **Bond amount:** No special statutory provision _(verified: appears in the quote below)_
- **Claim deadline:** No action on a payment bond shall be commenced after the expiration of one year from the date that the public entity accepted the completion of the project _(verified: appears in the quote below)_
- **Preliminary notice required:** must give written notice to the contractor within 120 days from the date on which the last of the labor was performed or the last of the material was furnished _(verified: appears in the quote below)_
- **Statutory citation:** New York Finance Law, Article 9, §137 _(verified: appears in the quote below)_

## What the source says

> NEW YORK Amount of Bond: No special statutory provision. Labor and Material Covered: Labor or material furnished to the contractor or his subcontractors in the prosecution of the work provided for in a contract for the prosecution of a public improvement for the State of New York. Notice Required: No notice is required by a person having a direct contractual relationship with the principal contractor. Any person having a direct contractual relationship with a subcontractor of the contractor furnishing the payment bond but no contractual relationship, express or implied, with the principal contractor, must give written notice to the contractor within 120 days from the date on which the last of the labor was performed or the last of the material was furnished for which his claim was made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or for whom the labor was performed. The notice shall be served by delivering the same personally to the contractor or by mailing the same by registered mail, postage prepaid, in an envelope addressed to the contractor at any place where he maintains an office or conducts his business or at his residence, provided, however, that where such notice is actually received by the contractor by other means, such notice shall be deemed sufficient. Time for Suit: No action on a payment bond shall be commenced after the expiration of one year from the date that the public entity accepted the completion of the project. This limitation does not override the timing provisions/limitations contained in the bond itself and is only acceptable if the bond is otherwise silent. Contracts Excluded: Payment bond may be waived for public works contracts for less than $50,000 or where the contract is not subject to the multiple contract award requirements of Section 135 of the State Finance Law, waiving the bonds is in the public interest and the aggregate amount of the contract is less than $200,000. Penalty for Failure to Take Bond: No special statutory provision. Statutory Citation: New York Finance Law, Article 9, §137.

## 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/).