Federal Miller Act and New York Public Payment Bonds: Different Deadlines

Reviewed September 7, 2026.

A payment bond can provide a recovery route when a contractor or supplier is unpaid on public work. First identify the public owner, the governing law, the claimant's contractual tier and the actual bond.

Federal projects

Under 40 USC § 3133, qualifying unpaid claimants generally must wait 90 days after their last covered work or materials before suing. A claimant contracting directly with a subcontractor, but not with the bonded contractor, must give that contractor the required notice within 90 days. Suit generally must begin within one year after the claimant's last labor or materials. Notice and suit are separate requirements.

The current FAR 28.102-1 generally requires payment and performance bonds for covered federal construction contracts exceeding $150,000, subject to its exceptions; smaller contracts may require alternative payment protection.

New York state and local projects

State Finance Law § 137 uses different rules, including a 120-day notice requirement for specified lower-tier claimants and a suit deadline tied to completion and acceptance of the public improvement, with a stated statutory exception. Do not import federal deadlines into a New York bond claim. Obtain the executed bond and preserve all potentially applicable deadlines promptly.

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

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