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Payment Bonds | Essential Protection for Construction Projects | Federal & State Required

Payment bonds guarantee subcontractors and suppliers receive payment on construction projects. Required on federal projects over $150,000 and state projects $25K-$250K. Premiums 0.5%-4% annually with expert construction specialists.

MILLER ACT COMPLIANCE • CONSTRUCTION SPECIALISTS

Protect your project stakeholders • Premiums starting at 0.5% annually

✓ Miller Act specialists ✓ All 50 states ✓ SBA guarantee programs ✓ Construction expertise

Last Updated: June 25th, 2025

$150K
Federal Threshold
0.5%-4%
Annual Premiums
100%
Contract Coverage
$9.2B
2024 SBA Guarantees

What is a Construction Payment Bond?

Understanding payment bonds and how they protect subcontractors, suppliers, and laborers on construction projects

This video explains how payment bonds work as essential financial protection, ensuring subcontractors, suppliers, and laborers receive payment for their work even when contractors default.

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Construction Payment Bond Process

MILLER ACT COMPLIANCE - CONSTRUCTION SPECIALISTS

Payment bonds guarantee subcontractors, suppliers, and laborers receive payment even when general contractors default - essential protection for construction industry participants

Why Payment Bonds Are Essential
  • Federal Requirement: Mandatory on government projects over $150,000
  • State Requirements: Little Miller Acts require bonds on $25K-$250K projects
  • Lien Protection: Prevents mechanics liens on public property
  • Financial Security: Protects against contractor insolvency
Our Construction Bond Expertise
1Project Assessment - Evaluate federal/state requirements and thresholds
2Miller Act Compliance - Ensure proper coverage and notice requirements
3Financial Review - Optimize rates based on contractor qualifications
4Bond Execution - Fast issuance with proper documentation
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What Construction Professionals Say About Payment Bonds

Real perspectives from contractors, attorneys, and industry associations

Kevin, President of S3S Construction
"When others say no, they say yes. When others say it's impossible, they make it possible by going the extra mile. Unique Surety cares about its clients' success."
— Kevin, President of S3S Construction
Kari, Sign and Highway Contractor, Montana
"We changed to Unique Surety after being with a bonding agent for 5 years. Unique Surety arranged for much higher performance bonding limits at a much better rate which opened the door to greatly expanding our business. Without Robin and her staff at Unique Surety we would absolutely not be where we are today."
— Kari, Sign and Highway Contractor, Montana
Joe Katz, Construction Law Attorney
"I've filed countless payment bond claims – in both the public and private sectors. While Mechanic's Liens are the bread-and-butter of private construction projects, payment bonds are designed to secure your rightful payments for government contracts and public projects."
— Joe Katz, Construction Law Attorney, 15+ Years Experience
Commercial Surety Bonding Association
"Public property cannot be liened so without the payment bond, when it comes to public works projects, subcontractors, laborers and suppliers do not have a lot of options for course of action if they aren't paid by the general contractor."
— Commercial Surety Bonding Association

Essential Construction Project Protection

Payment bonds serve as critical financial safety nets, guaranteeing subcontractors, suppliers, and laborers receive payment for their work

What is a Payment Bond?

Payment bonds operate as financial guarantees within a three-party structure between contractors, project owners, and surety companies. Unlike insurance policies where claims are expected losses, surety companies underwrite payment bonds expecting zero claims, as contractors must reimburse any amounts paid out. The coverage typically equals 100% of the contract value, protecting subcontractors and suppliers when general contractors default on payments.

Key Protection: With the U.S. surety market reaching $9.5 billion in 2023 and growing at 15.7% annually, payment bonds have become indispensable tools for protecting construction industry participants from contractor defaults.

Who Needs Payment Bond Protection?
General contractors bidding federal projects over $150,000
Contractors on state projects exceeding local thresholds ($25K-$250K)
Subcontractors working on bonded public projects
Private project owners seeking lien protection
Contractors in states with Little Miller Act requirements
Companies pursuing SBA-backed construction contracts

Federal & State Requirements

Federal Requirements (Miller Act)
Project TypeThresholdCoverage
Federal Miller Act$150,000100%
SBA Guarantee ProgramUp to $14M80-90%
Davis-Bacon Projects$2,000+100%
State Requirements (Little Miller Acts)
StateThresholdCoverage
Texas$25,000100%
California$25,000100%
Florida$100,000100%
New York$100,000100%
Illinois$50,000100%
AlabamaVaries50%

Important: SBA Record Performance in 2024

The SBA Surety Bond Guarantee Program achieved record performance in fiscal year 2024, guaranteeing $9.2 billion in contract value and supporting over 2,000 small businesses.

  • • Contract limits increased to $14 million for federal contracts
  • • QuickApp program available for contracts up to $500,000
  • • Premium rates as low as 0.6% of contract price
Who Can File Claims?

Protected Parties Include:

First-tier subcontractors (direct contracts with prime)
Second-tier subcontractors (with proper notice requirements)
Material suppliers providing goods to the project
Equipment rental companies serving the project
Laborers working on the construction site
Professional service providers (architects, engineers when applicable)
Claims Process
1Written notice to contractor and surety (timing varies by jurisdiction)
2Documentation of work performed and payment due
3Formal claim filing within statutory timeframes (90 days to 2 years)
4Surety investigation and claim validation
5Payment by surety if claim is valid
6Surety seeks reimbursement from contractor under indemnity agreement
Real-World Payment Bond Protection
Statistical evidence of payment bond effectiveness

Market Performance Metrics

Direct Written Premiums: $9.50 billion in 2023 (15.7% growth)

Global Surety Market: $21.24 billion in 2024, projected $34.89 billion by 2033

Industry Loss Ratio: 22.2% in 2023 - demonstrating strong claim management

Successful Recovery Cases

Massachusetts Case: Subcontractor recovered nearly $2.6 million from surety despite original contract limit of only $568,000

Court ruled quantum meruit damages against sureties can exceed expectation damages

Federal Project: Electrical subcontractor filed $2.9 million claim for additional labor costs

Demonstrates protection against various payment disputes beyond simple non-payment

Benefits of Payment Bond Protection
⚡ Guaranteed Payment: Ensures subcontractors and suppliers receive payment
Lien Protection: Prevents mechanics liens on public projects
Project Access: Required for federal and state construction contracts
Financial Security: Protects against contractor default or insolvency
Competitive Advantage: Enables bidding on larger, more profitable projects
Professional Credibility: Demonstrates financial stability and reliability
Legal Compliance: Meets federal Miller Act and state requirements
Payment Bonds vs. Performance Bonds: Complementary Protection
Understanding how these bonds work together to provide comprehensive project protection

Payment Bond

  • Protects: Subcontractors, suppliers, laborers
  • Guarantees: Payment for work performed
  • Claims from: Unpaid subcontractors and suppliers
  • Timeline: 90 days to 2 years for filing claims
  • Coverage: 100% of contract amount (50% in Alabama)
  • Purpose: Prevent mechanics liens on public property

Performance Bond

  • Protects: Project owners
  • Guarantees: Project completion per contract terms
  • Claims from: Project delays, defects, non-completion
  • Response: Surety finds replacement contractor
  • Coverage: 100% of contract amount typically
  • Purpose: Ensure project completion and quality

Why Both Bonds Are Required Together

Both bonds are typically required together on public projects in a "buy-one-get-one-free" structure that provides complete risk coverage without additional premium for the second bond.

Frequently Asked Questions

Find an Authorized Agent
Official directory of SBA-authorized surety bond agencies

The U.S. Small Business Administration maintains an official directory of authorized surety bond agencies across all 50 states. These agencies can help with various bond types including payment bonds, performance bonds, contractor bonds, and other professional surety bonds.

View SBA Surety Bond Agency Directory →
"The Infrastructure Investment and Jobs Act's $1.2 trillion allocation, with $850 billion specifically for bonded projects, drives unprecedented demand for payment bonds across roads, bridges, transit systems, and energy infrastructure projects."
— Industry Market Analysis 2024

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Miller Act Compliance & Construction Expertise

Federal & State Requirements:

  • Federal Miller Act: $150,000+ government projects
  • State Requirements: $25K-$250K thresholds vary by state
  • SBA Programs: Up to $14M federal contracts with guarantees
  • Private Projects: Owner discretion for lien protection

Our Construction Bond Services:

  • Miller Act Specialists Available 24/7
  • 📱 Construction Industry Expertise
  • ⬇️ Fast Processing for Bid Deadlines
  • 🎯 All 50 States Plus Federal Projects
  • 💰 Competitive Rates 0.5%-4% Annually

Construction Bond Solutions:

⚡ Federal Miller Act Bonds

  • Government projects $150,000+
  • 100% contract coverage required
  • First and second-tier protection
  • Expert compliance guidance

📋 State Project Bonds

  • Little Miller Act compliance
  • State-specific requirements
  • Threshold guidance $25K-$250K
  • Local project expertise

🎓 SBA Guarantee Programs

  • Up to $14M federal contracts
  • Small business support
  • Competitive rates with guarantees
  • QuickApp processing available

Construction Payment Bond Specialists | Miller Act Compliance | Federal & State Projects | SBA Programs