Payment Bond Claim Checklist for Public Projects (Free)

Updated 2026-09-07 · LienWarden

You generally cannot record a mechanics lien against public property — a courthouse, a highway, a school. Instead, the prime contractor on most public projects above a threshold must post a payment bond, and unpaid subcontractors and suppliers collect from the surety. Federal projects run under the Miller Act (40 U.S.C. §§ 3131–3134); each state has its own "Little Miller Act" with its own thresholds and windows. The rights are strong, but they hinge on a written notice sent within a fixed number of days after you last furnished. This checklist walks the process. Free printable Word version below — just tell us where to send it.

⬇ Download the bond claim checklist (Word)

Step 1 — Identify the project type and the bond

Step 2 — Work out your tier (it decides whether you must send a notice)

Step 3 — The dates

Date of first furnishing 
Date of last furnishing of labour or material (not the date of your last invoice, and not punch-list or warranty work) 
90-day notice deadline (federal, second tier) or state notice deadline 
Earliest date suit may be filed (federal: 90 days after last furnishing) 
Suit deadline (federal: one year after last furnishing; state: per Little Miller Act) 

Step 4 — What the claim notice must contain (Miller Act baseline; add state requirements)

Step 5 — Deliver it so the delivery can be proved

Step 6 — After the notice

⚠️ "Last furnishing" is the date everything hangs on. Returning to fix punch-list items or perform warranty work generally does not extend it. Track the last day of substantive work or the last delivery, and count the 90 days from there — the notice window closes faster than most invoices get paid.
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These materials are general-purpose forms and checklists for informational use, not legal advice, and LienWarden is not a law firm. Notice, lien, waiver and bond-claim requirements differ by state and by project type; verify the rules for your project's state (free lookup) and consult an attorney for advice on your situation.