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Lien Lawaka: bond claim noticeaka: Miller Act claim

Bond Claim

In Plain English

A formal demand for payment made against a contractor's payment bond when you haven't been paid.

Definition

A bond claim is a formal demand made against a payment bond by a subcontractor, supplier, or laborer who has not been paid for work or materials furnished to a construction project. Bond claims are the primary remedy on public projects where mechanic's liens cannot be filed against government-owned property. Claimants must typically provide written notice of the claim to the surety and principal within a prescribed deadline set by state or federal law.

Why It Matters in Bidding

On public projects, where mechanic's liens cannot attach to government property, a bond claim is the subcontractor's or supplier's primary route to getting paid, making it a core risk-management tool that shapes who participates in public bidding. Estimators and PMs must track notice deadlines closely, because missing a statutory window can forfeit the right to collect on otherwise valid invoices.

Example

Unpaid 70 days into a federal building job, a drywall sub sends written notice to the GC and surety to preserve its payment-bond claim under the Miller Act before the filing deadline lapses.

Related Terms

Payment BondMechanic's LienNotice of Non-Payment

Frequently Asked Questions

A bond claim arises when a sub, supplier, or laborer goes unpaid for work or materials furnished to a bonded project. The claimant generally must serve written notice on the surety and principal within statutory deadlines, which vary by federal Miller Act or state little-Miller-Act rules. Missing the notice window can bar the claim entirely.
A mechanic's lien attaches to the property itself, but public property generally cannot be liened. A bond claim instead seeks payment from the contractor's payment bond, providing the equivalent security on public work. Private projects may offer both remedies, while public projects typically leave the bond claim as the main path to payment.
Public owners require payment bonds so unpaid lower-tier parties have recourse without liening public property. For subs and suppliers, that bond is the safety net that makes bidding the project worthwhile. For GCs, the bond requirement filters out underqualified bidders, since obtaining one depends on surety approval and adequate bonding capacity.

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