Filing a bond claim on a construction project is a procedural exercise where missing a single step can forfeit your entire claim. In 2025, the American Subcontractors Association estimated that construction firms lose over $140 million annually in valid but improperly filed bond claims. The losses come not from weak cases but from missed deadlines, incomplete documentation, and procedural missteps.

This checklist covers every step from project start through claim resolution. It applies to both federal Miller Act claims and state Little Miller Act claims, with notes where the two diverge. Print it, pin it to your project board, and reference it from the first day on any bonded project.

Phase 1: Project Onboarding (Before Work Begins)

The foundation of a successful bond claim is laid before you lift a single tool. These steps should be completed during project mobilization.

Determine if the project is bonded. Confirm whether the project has a payment bond. All federal projects over $150,000 require one. State and municipal projects have varying thresholds. Private projects may or may not be bonded.
Obtain a copy of the payment bond. Request the bond from the GC, the project owner, or the contracting officer (on federal projects). Do not accept verbal assurance that a bond exists. Get the actual document.
Identify the surety company. Record the surety's name, address, bond number, and penal sum (the maximum amount the bond covers). Verify the surety is authorized (Treasury Circular 570 for federal projects, state insurance department records for state projects).
Identify the prime contractor. Confirm the legal name and address of the GC who is the principal on the bond. This is the party to whom second-tier notices must be sent. The project superintendent's name is not sufficient; you need the legal entity name.
Determine your tier level. Map the contractual chain from your company back to the GC. If you contract directly with the GC, you are first-tier. If you contract with a first-tier sub, you are second-tier. If you are third-tier or beyond, the federal bond does not cover you.
Calendar all critical deadlines. Set reminders for: (a) the 90-day notice deadline (second-tier only), which starts running from your last day of furnishing; (b) the one-year filing deadline from the last day of work on the overall project.

Onboarding Item	Source	Storage Location
Payment bond copy	GC or contracting officer	Project compliance file
Surety name and bond number	Bond document	Project compliance file
GC legal name and address	Contract documents	Notice template
Tier determination	Contract chain analysis	Project compliance file
Deadline calendar entries	Calculated from project schedule	Calendar system

Phase 2: During Construction (Ongoing Documentation)

Bond claim success depends on documentation generated during the project, not after a dispute arises. These practices should be continuous.

Maintain detailed delivery and work records. Every delivery ticket, time sheet, daily report, and material receipt should be retained and organized by date. These records prove what you furnished and when.
Track all invoices and their status. Maintain a log of every invoice submitted: date sent, amount, payment due date, date paid (if paid), and outstanding balance. This log becomes the backbone of your claim if payment stops.
Exchange lien waivers with every payment. Even on public projects where mechanics liens do not apply, lien waivers document that payments were made and accepted. They create an undisputable record of the payment relationship.
Document all payment communications. Save every email, letter, text message, and meeting note related to payment. If you have phone conversations about payment, follow up with an email confirming what was discussed. Contemporaneous written records carry more weight than after-the-fact recollections.
Monitor the overall project schedule. The one-year filing deadline runs from the last day of work on the entire project, not your scope. Knowing the anticipated project completion date helps you calculate your filing window.
Track your last date of furnishing. The 90-day notice clock and the earliest filing date both depend on your last date of furnishing labor or materials. Record this date precisely. If you return to the project for punch list work, that resets the clock.
Preserve correspondence about scope changes. Change orders, additional work authorizations, and scope modifications affect the amount you are owed and may affect your tier status if the contracting relationships change.

Phase 3: When Payment Problems Appear (Pre-Claim Actions)

The period between identifying a payment problem and filing a bond claim is critical. These steps preserve your rights while attempting informal resolution.

Send a formal payment demand. Before pursuing a bond claim, send a written payment demand to the party that owes you. State the amount owed, the invoices it relates to, and a deadline for payment. This creates a record that you attempted to resolve the dispute directly.
Notify the GC of the payment problem (second-tier). If you are second-tier and your first-tier sub is not paying you, notify the GC in writing. Even before sending the formal 90-day notice, alerting the GC can prompt intervention. The GC has a financial interest in resolving payment disputes before they become bond claims.
Send the 90-day notice (second-tier claimants only). Within 90 calendar days of your last date of furnishing labor or materials, send written notice to the prime contractor. Include:
- Your company name and address
- The project name and location
- The first-tier subcontractor you worked for
- The amount claimed (with substantial accuracy)
- A description of the labor or materials furnished
- The dates of furnishing (especially the last date)
Send notice via certified mail with return receipt. The delivery method must create proof of delivery. Certified mail is the standard. Also send via overnight courier as backup. Keep the original return receipt and tracking confirmation.
Send notice to additional recipients as a precaution. Consider sending copies to the surety company and the contracting officer (on federal projects). While the statute only requires notice to the GC, notifying the surety starts the claims process informally and notifying the contracting officer puts the agency on alert.
Confirm the GC received the notice. Follow up to verify delivery. If the certified mail receipt shows delivery, document it. If delivery failed, immediately resend to an alternative address and consult legal counsel about whether your notice deadline has been met.

Phase 4: Filing the Bond Claim

Once the pre-claim steps are complete and payment has not been resolved, proceed with the formal bond claim.

Verify the filing window is open. You cannot file a Miller Act bond claim until 90 days after your last date of furnishing. You must file within one year of the last date that labor or materials were furnished on the overall project. Confirm both dates before filing.
Compile the claim package. Assemble all documentation into a single, organized package:
- Copy of the payment bond
- Your contract or purchase order
- All invoices (paid and unpaid)
- Delivery tickets and work records
- Payment ledger showing amounts received and outstanding
- Copy of the 90-day notice and proof of delivery (second-tier)
- All correspondence regarding the payment dispute
- Lien waivers exchanged on the project
Engage legal counsel. Miller Act claims are filed as civil actions in federal district court. While companies can file pro se (without an attorney), the procedural requirements of federal litigation make legal representation strongly advisable.
File in the correct jurisdiction. Miller Act claims must be filed in the United States District Court for the district in which the project is located. Filing in the wrong court will result in dismissal or transfer, wasting time within the one-year deadline.
Serve the surety and the GC. The complaint must be served on both the surety company and the prime contractor. Follow the Federal Rules of Civil Procedure for service of process.

Phase 5: Post-Filing and Claim Monitoring

After filing, active management of the claim improves outcomes and timelines.

Respond to surety investigation requests promptly. The surety will request documentation and may schedule interviews or depositions. Timely, complete responses accelerate the investigation and signal the seriousness of your claim.
Continue documenting any ongoing work. If you are still performing work on the project during the claim process, continue tracking all labor, materials, and payments. The claim amount may need to be updated.
Evaluate settlement offers carefully. Sureties often propose settlements to avoid litigation costs. Compare any settlement offer against the full amount owed, the cost of continued litigation, the time value of money, and the strength of your documentation.
Track the surety's response timeline. If the surety does not respond or delays unreasonably, your attorney can file motions to compel. Sureties have an obligation to investigate claims in good faith.
Monitor for project completion date changes. If the overall project schedule shifts, the one-year filing deadline shifts with it. A project that was supposed to finish in June but extends to October gives late-filing claimants additional time, while early completion shortens the window for those who have not yet filed.

Quick-Reference: Federal vs. State Bond Claim Comparison

Requirement	Federal (Miller Act)	State (Varies)
Contract threshold	$150,000	$10,000 - $200,000+
Bond amount	Contract amount	Typically 100% of contract
First-tier notice	None required	Some states require preliminary notice
Second-tier notice	90 days to GC	Varies: 20 - 90 days, various recipients
Filing deadline	1 year after last project work	6 months - 2 years (state dependent)
Court	Federal district court	State court
Third-tier coverage	No	Some states extend coverage

Frequently Asked Questions

Can I file a bond claim if I have not sent the 90-day notice but I am a first-tier subcontractor? Yes. First-tier subcontractors (those with a direct contract with the GC) have no notice requirement under the Miller Act. The 90-day notice applies exclusively to second-tier claimants. First-tier subs can file a bond claim directly within the filing window without any prior notice.

What if the GC disputes the amount I claim in my 90-day notice? The notice amount must be stated with "substantial accuracy" but does not need to be exact. If the GC disputes the amount, that dispute is resolved during the claim process, not at the notice stage. The notice preserves your right to file; the exact amount is litigated later. However, a notice amount that is wildly inflated or deflated may be challenged as failing the substantial accuracy test.

Can I amend my bond claim after filing if I discover additional unpaid amounts? Yes. Federal courts generally allow amendment of Miller Act complaints to adjust claim amounts, provided the additional amounts relate to work covered by the original notice period. If the new amounts relate to work performed after the original notice, a supplemental notice may be required for second-tier claimants.

What happens if the surety company becomes insolvent during my claim? Surety insolvency is rare but not unprecedented. If the surety becomes insolvent, the state guaranty fund where the surety is domiciled may cover a portion of the claim. The GC remains personally liable under the indemnity agreement. The contracting officer should also be notified, as the federal agency may need to require a replacement bond.

Should I continue working on the project while a bond claim is pending? This depends on the circumstances. If the GC is directing you to continue work and paying for current invoices but disputing past amounts, continuing work is usually advisable. If the payment failure is complete and ongoing, continuing to furnish labor and materials increases your exposure. Consult legal counsel before making this decision.

Is there a way to check whether a bond claim has already been filed on my project? On federal projects, Miller Act claims are filed in federal district court and appear in the court's public records (accessible through PACER). Searching by the GC's name, the project name, or the surety's name can reveal existing claims. The contracting officer may also have information about claims filed against the bond.

This checklist works best when your compliance platform tracks deadlines automatically. See how SubcontractorAudit integrates bond claim tracking with lien waiver management.