Payment bond deadlines and notices overview
Payment bond deadlines can decide the entire dispute. A claimant should identify the project type, bond, prime contractor, surety, claimant tier, last furnishing date, notice recipient, notice method, and lawsuit deadline before sending a claim. Owners, contractors, and sureties should review the same timeline to evaluate coverage and defenses.
| Bond path | Common deadline issue | What to verify |
|---|---|---|
| Federal Miller Act | 90-day notice for certain lower-tier claimants and a one-year suit deadline. | Federal project, claimant tier, last furnishing date, notice content, and federal venue. |
| New York State Finance Law 137 | 120-day notice for certain lower-tier claimants and suit deadline tied to completion and acceptance. | Public owner, bond copy, contract chain, completion/acceptance, demand, and notice proof. |
| Private payment bond | Bond language and contract documents may control notice and suit timing. | Bond form, incorporated contract, obligee, principal, surety, limitations language, and waiver issues. |
| Lien discharge bond | Underlying lien enforcement deadlines may still matter. | Lien filing, bond filing, discharge order, necessary parties, and foreclosure or bond action posture. |
Payment bond notice checklist
- Bond number, surety, principal, obligee, public owner, and bonded contract.
- Claimant tier and every contract in the payment chain.
- First and last furnishing dates for the labor or material claimed.
- Amount due, retainage, approved changes, disputed extras, credits, and backcharges.
- Notice recipient, delivery method, proof of receipt, and lawsuit deadline.
Payment bond deadline resources
