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

For Virginia, payment bond threshold is all public construction contracts exceeding $500,000 and all state transportation related projects exceeding $350,000; bond amount is Payment bonds in the sum of the prime contract amount; claim deadline is within one year after the day on which the claimant last performed labor or last furnished materials; preliminary notice required is must give written notice of the bond claim to the prime contractor within 90 days from the date on which the claimant performed the last labor or furnished the last material; statutory citation is Code of Virginia, Title 2.2, Chapter 43, §§2.2-4337 to 2.2-4341, verified against its source on 2026-08-17.

- **State:** Virginia _(our reading, not quoted from the source)_
- **Payment bond threshold:** all public construction contracts exceeding $500,000 and all state transportation related projects exceeding $350,000 _(verified: appears in the quote below)_
- **Bond amount:** Payment bonds in the sum of the prime contract amount _(verified: appears in the quote below)_
- **Claim deadline:** within one year after the day on which the claimant last performed labor or last furnished materials _(verified: appears in the quote below)_
- **Preliminary notice required:** must give written notice of the bond claim to the prime contractor within 90 days from the date on which the claimant performed the last labor or furnished the last material _(verified: appears in the quote below)_
- **Statutory citation:** Code of Virginia, Title 2.2, Chapter 43, §§2.2-4337 to 2.2-4341 _(verified: appears in the quote below)_

## What the source says

> VIRGINIA Amount of Bond: Payment bonds in the sum of the prime contract amount required on all public construction contracts exceeding $500,000 and all state transportation related projects exceeding $350,000. Labor and Material Covered: Labor performed and material furnished to the prime contractor or to a subcontractor in furtherance of the work in the prime contract, including public utility services and equipment rented. Notice Required: No notice is required by a person having a contract with the prime contractor. Claimant having a contract with a subcontractor must give written notice of the bond claim to the prime contractor within 90 days from the date on which the claimant performed the last labor or furnished the last material for which he claims payment, stating with substantial accuracy the amount claimed and the name of the party to whom the work was performed or to whom the material was furnished. Such notice shall be served by registered or certified mail, postage prepaid, to the contractor at any place where his office is regularly maintained for the transaction of business. The 90-day time limit does not apply to claims for retainages. Time for Suit: Suit must be instituted more than 90 days after the last day labor or material was supplied for which payment is claimed, but within one year after the day on which the claimant last performed labor or last furnished materials. Contracts Excluded: Public construction contracts below $500,000 and all state transportation related projects below $250,000, unless required by the public body. Payment and performance bonds can be waived in state transportation related projects of less than $350,000 if there is evidence that a surety company has declined an application from the contractor for a bond. Penalty for Failure to Take Bond: No special statutory provision. Waiver: A waiver of bond rights is void unless in writing and signed after the supply of labor or material. Also, a subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish its bond rights in a contract in advance of furnishing any labor, services or materials. A provision that waives or diminishes a subcontractor’s, lower-tier subcontractor’s, or material supplier’s lien bond in a contract executed prior to providing any labor, services, or materials is null and void. Statutory Citation: Code of Virginia, Title 2.2, Chapter 43, §§2.2-4337 to 2.2-4341.

## 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/).