Late Public Payment-Bond Notice: Brer-Four and the Claimant’s Contractual Tier

Reviewed September 7, 2026.

In Brer-Four Transportation Corp. v. Zurich American Insurance Co., 78 AD3d 875 (2010), the Second Department dismissed a payment-bond claim because the required notice was late.

The claimant worked for Fleet, which performed trucking work under purchase orders on a New York City public project. The record established that Fleet was a subcontractor, rather than merely a material supplier. The claimant had no direct contract with the bonded general contractor and undisputedly failed to provide notice within the applicable 120-day period under State Finance Law § 137(3).

Identify the contracting chain early

Describe what each company actually undertook to do, and collect its agreement or purchase orders. A label such as supplier does not settle the legal classification. Record the claimant's last covered work and determine who must receive notice, what it must contain and how it must be delivered.

This is a New York statutory public-bond decision. Federal Miller Act bonds and private bonds can impose different requirements. The surety's response period is also a different issue from the claimant's notice deadline.

Kushnick Pallaci PLLC assists clients throughout New York with payment-bond claims. Contact 631-752-7100 or vtp@kushnicklaw.com.

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