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Lien Lawaka: 90-day noticeaka: Miller Act notice

Notice of Non-Payment

In Plain English

A written notice informing the surety and contractor that a subcontractor or supplier hasn't been paid.

Definition

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.

Why It Matters in Bidding

On bonded public projects, lower-tier subs and suppliers usually cannot reach the payment bond without first serving a timely notice of non-payment, so this single document often decides whether unpaid work can be recovered. Estimators and credit teams bidding subcontract scopes on federal or state work should build the notice deadline into their billing and collections process from day one.

Example

On a federal courthouse project, a second-tier conduit supplier that never contracted directly with the prime sends a notice of non-payment to the surety and prime contractor within the Miller Act window, preserving its right to later file a bond claim for the unpaid materials.

Related Terms

Bond ClaimPayment BondMechanic's Lien

Frequently Asked Questions

It is most critical for second-tier and lower claimants, those without a direct contract with the prime contractor, such as a sub-subcontractor or a supplier to a subcontractor. Under the Miller Act and many state Little Miller Acts, these parties must serve the notice before they can pursue a payment bond claim.
The Miller Act requires lower-tier claimants to provide written notice to the prime contractor within 90 days of the last date they furnished labor or materials. State Little Miller Acts set their own periods, which differ from the federal rule, so confirm the specific statute governing the project before relying on any deadline.
It should identify the claimant, state the amount owed with reasonable accuracy, describe the labor or materials furnished, and name the party for whom the work was performed. Sending it by a verifiable delivery method to the prime contractor and surety creates the proof of service needed to support a later bond claim.

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