A written notice informing the surety and contractor that a subcontractor or supplier hasn't been paid.
A notice of non-payment is a formal written notice sent by a subcontractor or supplier to the surety and/or the prime contractor informing them that payment has not been received for work or materials furnished. Under the Miller Act (federal projects) and many state Little Miller Acts, claimants who lack a direct contract with the prime contractor must send a notice of non-payment within a specified period before filing a bond claim. This notice is a mandatory prerequisite to preserving bond claim rights for second-tier and lower claimants.
A sub-tier material supplier sends a notice of non-payment to the surety and GC within 90 days of last furnishing materials on a federal project, preserving its Miller Act bond claim rights.
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