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

For Pennsylvania, payment bond threshold is Under $5,000; bond amount is 100 percent of the contract price; claim deadline is An action upon any payment or performance bond must be commenced after the expiration of 90 days, but within one year, after performance; preliminary notice required is may bring an action on the payment bond only if he has given written notice to such contractor within 90 days from the date on which the claimant performed the last of the labor or furnished the last of the materials; statutory citation is Pennsylvania Consolidated Statutes, Title 8, §§191-202, verified against its source on 2026-08-17.

- **State:** Pennsylvania _(our reading, not quoted from the source)_
- **Payment bond threshold:** Under $5,000 _(verified: appears in the quote below)_
- **Bond amount:** 100 percent of the contract price _(verified: appears in the quote below)_
- **Claim deadline:** An action upon any payment or performance bond must be commenced after the expiration of 90 days, but within one year, after performance _(verified: appears in the quote below)_
- **Preliminary notice required:** may bring an action on the payment bond only if he has given written notice to such contractor within 90 days from the date on which the claimant performed the last of the labor or furnished the last of the materials _(verified: appears in the quote below)_
- **Statutory citation:** Pennsylvania Consolidated Statutes, Title 8, §§191-202 _(verified: appears in the quote below)_

## What the source says

> PENNSYLVANIA Amount of Bond: 100 percent of the contract price. Labor and Material Covered: All labor or materials supplied to the prime contractor to whom the public works contract was awarded or to any of his subcontractors in the prosecution of the work provided for in such contract whether or not the material furnished or labor performed enters into and becomes a component part of the public building or other public work or public improvement including highway work. “Labor or materials” includes public utility services and reasonable rental of equipment, but only for the periods when equipment rented is actually used at the site. Materials supplied by a material supplier to another material supplier are not covered by the bond. Note: Under the Commonwealth Procurement Code, once a contractor has made payment to the subcontractor according to the provisions of the Code, future claims for payment against the contractor or its surety by parties owed payment from the subcontractor which has been paid, are barred. (62 Pa.C.S.A. § 3939(b)). Notice Required: A claimant who has a direct contractual relationship with any subcontractor of the prime contractor who gave a payment bond but has no contractual relationship with such prime contractor may bring an action on the payment bond only if he has given written notice to such contractor within 90 days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished. Notice shall be served by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place where his office is regularly maintained for the transaction of business or served in any manner in which legal process may be served. To municipality. Duplicate copy of financial security to be filed with contracting agency. Time for Suit: An action upon any payment or performance bond must be commenced after the expiration of 90 days, but within one year, after performance. Contracts Excluded: Under $5,000. Penalty for Failure to Take Bond: No statutory provisions. Statutory Citation: Pennsylvania Consolidated Statutes, Title 8, §§191-202.

## 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/).