How to File a Payment Bond Claim

Under 40 U.S.C. § 3133(b)(2), your written notice to the prime contractor must state the approximate amount you’re claiming and identify the party for whom you performed the work (the first-tier subcontractor you contracted with). It must be delivered by a method that provides written, third-party verification of delivery — certified mail with return receipt requested is the standard, or any method a U.S. marshal is authorized to use for serving a summons in that judicial district. A phone call, text, or unsigned-for regular mail does not satisfy the statute.

The following June 15 — one year from the day your Tex. Gov’t Code § 2253.041 notice was mailed, not one year from your last day of work. This is a meaningful difference from the federal Miller Act, where the one-year suit clock runs from your last labor or material date regardless of when you mailed notice (§ 2253.078). If you mail your Texas notice late, your suit deadline moves later too — but only if the notice itself was still timely (15th day of the third month after the work month).

Usually yes. Cal. Civ. Code § 9300 requires a claimant to give preliminary notice before filing a stop payment notice or asserting a payment bond claim. Two groups are exempt: laborers (as defined in § 8024), and claimants with a direct contractual relationship with the prime contractor. If you’re a second-tier sub or a supplier without a direct contract to the prime, missing the preliminary notice can be fixed only through the narrower alternative in § 9560 — written notice to the surety and bond principal within 15 days of a recorded Notice of Completion or 75 days of unrecorded completion.

Payment bonds are only legally required on public projects. On private jobs without a payment bond, your recourse is a mechanics lien against the property (governed by Civil Code § 8400 et seq. in California, Property Code Chapter 53 in Texas, and similar statutes elsewhere) rather than a bond claim. Some private owners voluntarily post a payment bond — commonly AIA A312 — specifically to clear mechanics lien rights against the property; if that happened on your project, ask the general contractor for a copy before assuming you have no recourse.

On federal projects, the contracting agency must furnish a certified copy of the payment bond to anyone who submits an affidavit stating they supplied labor or material and haven’t been paid — request it from the contracting officer directly. On Texas and California public projects, the payment bond is filed with the awarding public entity (the city, county, school district, or state agency) and is a public record; a written request to that entity’s clerk or purchasing department will usually produce it faster than waiting on the general contractor.

Not to send the notice — the notice itself is a short written statement you can prepare yourself if you track the deadline and required content correctly. Most subs and suppliers handle notice in-house. Where an attorney earns their fee is if the claim is disputed and you have to actually file suit, or if the amount owed is large enough that getting the notice content wrong (missing the sworn statement in Texas, for example) would be an expensive mistake. Many construction attorneys review a notice for a flat fee before you send it.