Little Miller Act Bond Thresholds by State
Every U.S. state has a “Little Miller Act” that forces the prime contractor on state and local public works to post a performance bond and a payment bond once the contract crosses a dollar threshold. This is the single 50-state (plus D.C.) table of those thresholds and the statute behind each — from Nebraska's $10,000 floor to Virginia's $500,000.
Federal context: the Miller Act, 40 U.S.C. §§ 3131–3133. State equivalents are the “Little Miller Acts.”
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What is a Little Miller Act?
A Little Miller Act is a state statute that requires the prime contractor on a public construction project — a state, county, city, school district, or other government job — to furnish two surety bonds once the contract exceeds a set dollar threshold: a performance bond that protects the public owner if the contractor fails to finish the work, and a payment bond that protects the subcontractors, laborers, and material suppliers downstream.
The payment bond exists for one specific reason: you cannot place a mechanic's lien on public property. A subcontractor stiffed on a private building can lien the building; one stiffed on a public school or highway has nothing to lien. So every state adopted a Little Miller Act — modeled on the federal Miller Act — to give subs and suppliers a bond to claim against instead. All 50 states and the District of Columbia have one. What differs is the contract dollar threshold that triggers the bonds and the exact statute that governs them, both of which are in the table below.
This page is about public-works contract bonds. If you are a subcontractor trying to understand the bonds that flow down to you on these jobs, see subcontractor bonds; if you want every construction bond type in one place, read types of construction bonds.
Federal Miller Act vs. the state Little Miller Acts
The structure originates federally. The Miller Act — 40 U.S.C. § 3131 — requires a performance bond and a payment bond, each at 100% of the contract price, on federal building and public-works contracts. The statute text names $100,000, but the operative mandatory threshold contracting officers actually use is $150,000 under FAR 28.102-1. Payment-bond claim deadlines live in 40 U.S.C. § 3133. For the full federal picture, see our Miller Act bond requirements guide.
When a state, county, or city owns the project, the federal Miller Act does not apply — the state's own Little Miller Act does. Every state copied the federal model but set its own dollar threshold and its own procedural rules (notice deadlines, suit limitations, sometimes a preliminary notice). That is why a $40,000 job might require bonds in one state and not in the next.
Federal Miller Act
- • Federal building / public-works contracts
- • Performance + payment bonds, 100% each
- • Operative threshold $150,000 (FAR 28.102-1)
- • 40 U.S.C. §§ 3131–3133
State Little Miller Acts
- • State / county / city / district public works
- • Performance + payment bonds required
- • Threshold set by each state (see table)
- • 50 states + D.C., each with its own statute
Little Miller Act thresholds: all 50 states + D.C.
| State | Bond threshold | Controlling statute |
|---|---|---|
| Alabama | $100,000 (raised from $50,000, eff. 9/1/2023) | Ala. Code § 39-1-1 |
| Alaska | $100,000 | AS § 36.25.010 |
| Arizona | No dollar threshold — all county / city / town public works | A.R.S. § 34-222 |
| Arkansas | $50,000 | Ark. Code § 22-9-401 |
| California | $25,000 | Cal. Civ. Code § 9550 |
| Colorado | $50,000 | C.R.S. § 38-26-105 |
| Connecticut | $100,000 | Conn. Gen. Stat. § 49-41 |
| Delaware† | Required on public works — confirm current threshold with the statute / agency | 29 Del. C. § 6962 |
| District of Columbia | $100,000 | D.C. Code § 2-357.02 |
| Florida | $100,000 (state; local may exempt contracts ≤ $200,000) | Fla. Stat. § 255.05 |
| Georgia | $250,000 (eff. 7/1/2025, up from $100,000) | O.C.G.A. § 13-10-40 |
| Hawaii | $50,000 | HRS § 103D-324 |
| Idaho | $50,000 | Idaho Code § 54-1926 |
| Illinois | $150,000 (drops to $50,000 on 1/1/2029; IDOT $500,000) | 30 ILCS 550/1 |
| Indiana | $200,000 | Ind. Code § 36-1-12-13.1 |
| Iowa | $25,000 | Iowa Code § 573.2 |
| Kansas | $100,000 | K.S.A. § 60-1111 |
| Kentucky† | Required on public works — confirm current threshold with the statute / agency | KRS § 45A.190 |
| Louisiana | $25,000 | La. R.S. 38:2241 |
| Maine | $125,000 | 14 M.R.S. § 871 |
| Maryland | $100,000 | Md. Code, State Fin. & Proc. § 17-103 |
| Massachusetts | $25,000 | M.G.L. c. 149, § 29 |
| Michigan | $50,000 | MCL § 129.201 |
| Minnesota | $175,000 | Minn. Stat. § 574.26 |
| Mississippi | $25,000 | Miss. Code § 31-5-51 |
| Missouri | $50,000 | Mo. Rev. Stat. § 107.170 |
| Montana | $150,000 (waiver available below threshold) | Mont. Code § 18-2-201 |
| Nebraska | $15,000 (state) / $10,000 (local) | Neb. Rev. Stat. § 52-118 |
| Nevada† | Required on public works — confirm current threshold with the statute / agency | NRS Ch. 339 |
| New Hampshire† | Required on public works — confirm current threshold with the statute / agency | RSA § 447:16 |
| New Jersey | $100,000 | N.J.S.A. § 2A:44-143 |
| New Mexico | $25,000 | NMSA § 13-4-18 |
| New York | $100,000 (floor) | N.Y. State Fin. Law § 137 |
| North Carolina | Project > $300,000 AND each prime > $50,000 (state agencies > $500,000) | N.C.G.S. § 44A-26 |
| North Dakota | $100,000 | N.D.C.C. § 48-01.2-10 |
| Ohio† | Required on public works — confirm current threshold with the statute / agency (likely no minimum) | O.R.C. § 153.54 |
| Oklahoma | $100,000 | 61 O.S. § 113 |
| Oregon | $100,000 (general) / $50,000 (transportation) | ORS § 279C.380 |
| Pennsylvania | $25,000 (Public Works Contractors’ Bond Law) / $100,000 (Commonwealth, 62 Pa.C.S. § 903) | 8 P.S. § 191 |
| Rhode Island | $150,000 | R.I. Gen. Laws § 37-12-1 |
| South Carolina | $50,000 | S.C. Code § 11-35-3030 |
| South Dakota† | Required on public works — confirm current threshold with the statute / agency | SDCL § 5-21-2 |
| Tennessee | $100,000 | Tenn. Code § 12-4-201 |
| Texas | Performance $100,000 / payment $25,000 (non-municipal) or $50,000 (municipal) See the Texas Gov't Code 2253 guide. | Tex. Gov’t Code § 2253.021 |
| Utah | No dollar threshold — all public works | Utah Code § 63G-6a-1103 |
| Vermont† | Required on public works — confirm current threshold with the statute / agency | 29 V.S.A. § 291 |
| Virginia | $500,000 ($350,000 transportation) | Va. Code § 2.2-4337 |
| Washington | $150,000 | RCW § 39.08.010 |
| West Virginia† | Required on public works — confirm current threshold with the statute / agency | W. Va. Code § 5-22-1 |
| Wisconsin | $369,000 (state) / $148,000 (local) | Wis. Stat. § 779.14 |
| Wyoming | $150,000 | Wyo. Stat. § 16-6-112 |
† Threshold pending verification. Delaware, Kentucky, Nevada, New Hampshire, Ohio, South Dakota, Vermont, and West Virginia each have a Little Miller Act — bonds are required on public works — but we could not confirm the exact current dollar threshold from official statute text at publication. We deliberately publish no dollar figure for these eight rather than risk a wrong number. Follow the linked statute and confirm the operative threshold with the statute or the contracting agency before relying on it.
Figures reflect the controlling statute as of June 2026, including scheduled and recent changes (Alabama 2023, Georgia 2025, Illinois 2029). Thresholds change — always verify against the current statute and the contracting authority before you bid.
Patterns worth noticing across the states
No-threshold states
Arizona (A.R.S. § 34-222) and Utah (Utah Code § 63G-6a-1103) set no dollar minimum — bonds are required on essentially all public works regardless of contract size. Bid these states expecting bonds on even small jobs.
Lowest thresholds
Nebraska is the floor: $10,000 for local public works and $15,000 for state contracts. Several states sit at $25,000 (California, Iowa, Louisiana, Massachusetts, Mississippi, New Mexico, plus Pennsylvania's Bond Law and Texas's payment bond).
Highest thresholds
Virginia tops the list at $500,000 ($350,000 for transportation). Wisconsin ($369,000 state), Georgia ($250,000 as of 7/1/2025), and Indiana ($200,000) round out the high end.
Most common bands
The two clusters that show up most often are $50,000 (Arkansas, Colorado, Hawaii, Idaho, Michigan, Missouri, South Carolina) and $100,000 (Alabama, Alaska, Connecticut, D.C., Florida, Kansas, Maryland, New Jersey, New York, North Dakota, Oklahoma, Tennessee).
Dual / split thresholds
Several states use more than one number depending on agency, project type, or bond type: Texas (performance vs. payment; municipal vs. non-municipal), North Carolina (project size plus prime size), Oregon (general vs. transportation), Pennsylvania (Bond Law vs. Commonwealth), Maryland, and Wisconsin (state vs. local). Read the exact statute, not just the headline figure.
Recent & scheduled changes
Thresholds move. Alabama doubled to $100,000 effective 9/1/2023; Georgia jumped to $250,000 on 7/1/2025; and Illinois is scheduled to drop from $150,000 to $50,000 on 1/1/2029. Always confirm the figure in force on your bid date.
How subs and suppliers claim against the payment bond on a state job
If you furnish labor or materials on a public-works project and you are not paid, your remedy is a claim against the prime contractor's payment bond — not the public owner, and not a lien on the property. The general shape of the claim is the same in every state, but the deadlines are set by each state's statute and vary widely. Treat the numbers below as the typical range, then confirm your state's exact figures from the statute in the table.
1. Preliminary notice (some states)
A handful of states require a preliminary or pre-claim notice early in the project to preserve your bond rights. Where required, missing it can forfeit the claim — check your state.
2. Notice of claim
Written notice to the prime contractor (and sometimes the owner/surety), typically within roughly 30 to 180 days of last furnishing labor or materials. The window varies by state.
3. Suit on the bond
If unpaid, file suit on the bond within the statute of limitations — commonly one to two years from last furnishing or from completion, depending on the state.
The federal claim mechanics are a useful template for the structure even though state deadlines differ — on federal jobs a second-tier claimant gives the prime written notice within 90 days and sues within one year under 40 U.S.C. § 3133. See our Miller Act bond requirements guide for the federal claim walkthrough, and review the payment bonds page for how the bond itself works.
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Little Miller Act FAQs
Does every state have a Little Miller Act?
Yes. All 50 states, plus the District of Columbia, have a Little Miller Act — a public-works bond statute modeled on the federal Miller Act. Each one requires the prime contractor on state or local government construction to post a performance bond (protecting the public owner) and a payment bond (protecting subcontractors and suppliers). The statutes exist because mechanic's liens cannot attach to public property, so the payment bond is the only security a sub or supplier has on a government job. What varies state to state is the dollar threshold at which the bonds become mandatory and the exact statute that governs them — which is what the table on this page lays out.
What is the lowest and highest Little Miller Act bond threshold?
Among the states with a confirmed dollar figure, Nebraska sits at the low end — $10,000 for local public works and $15,000 for state contracts under Neb. Rev. Stat. § 52-118 — while Virginia sits at the high end at $500,000 (with a $350,000 floor for transportation projects) under Va. Code § 2.2-4337. A few states use no dollar threshold at all: Arizona and Utah require bonds on essentially all public works regardless of contract size. The most common thresholds cluster at $50,000 and $100,000, with Wisconsin ($369,000 state) and Georgia ($250,000 as of 7/1/2025) among the higher confirmed figures.
Are private construction projects covered by the Little Miller Act?
No. Little Miller Acts apply only to public works — projects owned by a state, county, municipality, school district, or other public body. Private projects are not bonded by statute. On private work, subcontractors and suppliers protect themselves with mechanic's liens instead, which can attach to the privately owned property if they go unpaid. A private owner or lender can still require performance and payment bonds by contract, but that is a contractual choice, not a Little Miller Act mandate. The whole point of the Little Miller Act is to give subs and suppliers a bond remedy precisely because they cannot lien public property.
How do I claim against a payment bond on a state public-works job?
You make a claim against the prime contractor's payment bond, not the public owner. The mechanics are similar to a federal Miller Act claim but the deadlines are set by each state's statute and vary widely — generally a written notice to the prime within roughly 30 to 180 days of last furnishing labor or materials, and a lawsuit within one to two years. Some states also require a preliminary notice early in the project to preserve your rights. Because the windows are short and the requirements differ by state, identify the controlling statute (from the table above), confirm the current notice and limitations periods, and serve notice promptly. Miss the deadline and the claim is typically barred.
What is the difference between the Miller Act and a Little Miller Act?
The Miller Act (40 U.S.C. §§ 3131–3133) is the federal statute. It requires a performance bond and a payment bond, each at 100% of the contract, on federal construction projects — the statute names $100,000, while the operative mandatory threshold is $150,000 under FAR 28.102-1. A Little Miller Act is a state's equivalent statute applying the same idea to state and local public works. They share the structure — performance bond for the owner, payment bond for the supply chain — but each state sets its own dollar threshold and procedural rules. If you are bonding a federal job, the Miller Act governs; if you are bonding a state, county, or city job, that state's Little Miller Act governs.
Why do public projects require a payment bond instead of allowing liens?
Because public property cannot be subject to a mechanic's lien. You cannot place a lien on a courthouse, a highway, or a public school to force payment the way you could on a private building. Without some substitute, a subcontractor or supplier stiffed on a government job would have no security. The Little Miller Act solves that by requiring the prime contractor to post a payment bond that stands in for the lien — unpaid subs and suppliers claim against the bond instead of the property. That is the central reason every state adopted a Little Miller Act and why the payment bond is mandatory above the threshold.
All content is researched from official state and federal sources (.gov) and verified before publication. BuySuretyBonds.com works with Treasury-certified, A-minimum rated surety carriers serving all 50 states.
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See pricing →Miller Act Bond Requirements
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Learn more →Disclaimer: This guide is for educational purposes and does not constitute legal, financial, or bonding advice. State Little Miller Act thresholds and claim deadlines change and vary by agency, project type, and bond type; eight jurisdictions are marked as pending verification because their current dollar threshold could not be confirmed from official statute text. Federal figures are drawn from the Miller Act (40 U.S.C. §§ 3131–3133) and FAR Part 28. Always verify the current threshold and procedural requirements with the controlling statute and the contracting authority before bidding or executing a contract.