How to File a Bond Claim for Non-Payment in Construction

What Is a Bond Claim?

A bond claim is a formal demand for payment against a surety bond—typically a payment or performance bond posted by a general contractor or developer—when a subcontractor, material supplier, equipment rental company, or staffing firm hasn't been paid for work, materials, or services delivered. Filing a bond claim targets the bonding company directly rather than filing a lien against the property, and it operates on separate state-specific deadlines that often range from 30 to 90 days after your last work or delivery date.

Bond claims differ fundamentally from mechanics liens. A mechanics lien creates a legal hold on the real property itself, securing your claim to the building or land if you remain unpaid. A bond claim, by contrast, is a direct claim against the surety—the insurance company that underwrote the bond—not the property. For this reason, bond claims often move faster, don't require filing with a courthouse, and can work on projects where a mechanics lien isn't available, such as public infrastructure or when the property owner isn't the responsible party.

When to File a Bond Claim

You should consider filing a bond claim if:

• The general contractor or project owner has not paid you for completed work, materials, equipment, or labor, and a payment or performance bond exists on the project
• You've submitted payment demands and invoices multiple times with no response
• The project is on public property—schools, government buildings, infrastructure—where a mechanics lien is prohibited by law, but a payment bond was required
• You want a faster resolution than a mechanics lien foreclosure, which typically takes 6 to 18 months or more
• The project's timeline or circumstances make a mechanics lien impractical to pursue

A bond claim does not replace a mechanics lien; the two can work together. Many contractors and suppliers file both simultaneously to preserve all recovery options.

Understanding Bond Claim Deadlines

The deadline to file a bond claim is governed by state law and is measured from one of two triggers: the last date you provided work or materials, or the date the project was completed or abandoned. Because deadlines vary widely across states—ranging from 30 to 90 days—verifying your project's location and the exact deadline is critical. Filing a single day late can forfeit your claim entirely.

Here's why this matters: some states offer bond claim windows longer than their mechanics lien deadlines, making bond claims a valuable backup option if you miss a lien filing deadline. Other states require bond claim notice within a much tighter timeframe. The only reliable way to know your deadline is to check your project's specific state rules. Free deadline lookup tools can help you identify the window for your project.

Document the last date you performed work or delivered materials. This date is the clock for your deadline countdown.

Step-by-Step: How to File a Bond Claim

1. Locate and verify the bond. Contact the general contractor, project manager, or architect to confirm a payment or performance bond is in place. Request the bonding company name, bond number, and the principal contractor's name. If the general contractor won't provide this information, ask the project owner or check the project's contract documents.
2. Gather all documentation. Compile copies of your contract or purchase order, all invoices and delivery tickets, work orders, photographs of completed work, email correspondence about payment, and records of any prior notices or payment demands you've sent to the contractor.
3. Prepare the bond claim letter. Write a professional claim letter that includes:
   • Your company name, address, phone, and email
   • The project name and location
   • The dates work began and ended (or the last date you performed work or delivered materials)
   • A clear description of what you provided: labor hours, materials, equipment rental, or staffing services
   • Itemized costs—labor hours and rates, material quantities and prices, rental fees, or staffing costs
   • The total amount owed
   • A statement that payment has not been received
   • The bonding company name and bond number, if available
   • Reference to the last date work was performed or delivered (this anchors your deadline compliance)
4. Send the claim by certified mail. Mail your claim to the bonding company's address using U.S. Postal Service certified mail with return receipt requested. This creates an undeniable record that the claim was received and the date it was received. Keep the delivery receipt.
5. Document your follow-up. Track the bonding company's response. Most states require the surety to acknowledge or respond to your claim within 30 days. If they don't respond, note the date and prepare to escalate if necessary.

What Documentation the Bonding Company Will Request

When you file a bond claim, expect the bonding company to ask for:

• A copy of your contract with the general contractor or proof of the agreement for the work
• Invoices, delivery tickets, or time records proving what you provided
• Payment records showing non-payment (bounced checks, unpaid invoices, communications refusing to pay)
• Photographs or on-site documentation proving work completion
• Email or written correspondence with the general contractor regarding payment
• Proof that your claim was filed within the state deadline

Surety companies investigate thoroughly. If your documentation is weak, incomplete, or missing dates, the claim may be delayed or denied.

Common Reasons Bond Claims Fail

Missing the deadline. This is the most frequent cause of claim denial. State deadlines are firm; there are rarely exceptions. Once the window closes, your right to claim against the bond is gone.

Poor documentation. Vague descriptions of work, missing invoice dates, or unclear cost breakdowns make it impossible for the surety to verify your claim. Specificity is essential.

Sending payment demands to the contractor instead of the bonding company. A letter to the general contractor asking for payment is not a bond claim. You must file your claim with the surety itself.

Delaying action. The longer you wait after non-payment to investigate and file, the closer you move to the deadline. By the time you locate the bond and prepare your claim, 60 days may have already passed.

Not understanding that a bond claim is different from a notice of intent to lien. These are separate legal documents with separate deadlines and filing requirements. Sending one does not satisfy the requirement to file the other.

Bond Claim vs. Mechanics Lien: Key Differences

FAQ: Bond Claims Explained

If I file a bond claim, do I still need to file a mechanics lien?

Not necessarily. A bond claim alone may be sufficient if the bonding company pays within 30 to 60 days. However, many contractors file both simultaneously to preserve all legal remedies. If the bonding company denies your claim or the bond amount doesn't cover your invoice, a mechanics lien becomes your fallback option. Deadlines and requirements differ, so consider consulting a construction attorney to determine which approach fits your situation.

What happens if the bonding company doesn't respond to my claim?

If the surety doesn't respond within the state-mandated timeline—typically 30 days—some states allow you to file a complaint with the state insurance regulator or pursue additional legal action. Document every communication and the dates they received your claim. For significant amounts owed, contact a construction attorney; the surety's failure to respond or investigate in good faith may give you additional legal grounds to recover.

Can I file a bond claim on a private project, or only on public work?

Bond claims are available on any project where a payment or performance bond exists, whether public or private. Public projects often require bonds by law, but private owners and general contractors also use bonds to manage risk. If a bond is in place—regardless of the project type—a bond claim is available to you. Confirm the bond's existence before filing.

What should I do if I think I've missed the deadline?

Missing a bond claim deadline typically forfeits your right to claim against the bond, and most states do not grant extensions. However, if you have evidence that the contractor actively concealed the bond or misled you about the deadline, some jurisdictions may allow exceptions. If you suspect you're near or past the deadline, contact a construction attorney immediately. Do not delay; even a few days can be the difference between a valid claim and a forfeited one.