Alaska Performance BondAS § 36.25.010
Alaska's Little Miller Act requires a performance bond, and a payment bond alongside it, on covered public works contracts. The trigger: $100,000. The performance bond guarantees the public owner that the job gets finished; the payment bond protects the subcontractors and suppliers who cannot lien public property.
Alaska's $100,000 trigger is lower than the federal Miller Act's $150,000, so state and local jobs need bonds at a size where a federal job would not.
- Who requires it: Alaska public owners awarding covered public works contracts (AS § 36.25.010).
- Amount: Performance bond: Equal to the payment bond amount (sliding scale: 50% of contract price up to $1M; 40% from $1M to $5M; $2,500,000 over $5M). Payment bond: 50% of contract price if the contract is $1,000,000 or less; 40% if over $1,000,000 up to $5,000,000; flat $2,500,000 if over $5,000,000.
- Typical cost (estimate): about $1,000-$2,000 on a $100,000 contract with excellent credit, up to $5,000-$10,000 below 620. The surety sets the final price.
- Timing: Same-day submission; most quotes within one business day.
Alaska public works bonding at a glance
- Bond threshold
- $100,000
- Controlling statute
- AS § 36.25.010
- Performance bond amount
- Equal to the payment bond amount (sliding scale: 50% of contract price up to $1M; 40% from $1M to $5M; $2,500,000 over $5M)
- Payment bond amount
- 50% of contract price if the contract is $1,000,000 or less; 40% if over $1,000,000 up to $5,000,000; flat $2,500,000 if over $5,000,000
- Claim notice (sub-tier claimants)
- A claimant with a direct contract with a subcontractor but no contract with the prime must give written notice to the prime contractor within 90 days from the last date it performed labor or furnished material. The notice must state with substantial accuracy the amount claimed and the name of the person supplied or worked for. Serve it by registered mail to any place the contractor keeps an office or does business, or to its residence, or in any manner a peace officer may serve a summons. No preliminary notice is required.
- Deadline to sue on the payment bond
- Suit must be filed no later than 1 year after the date of final settlement of the contract. It can be filed once 90 days have passed since the claimant's last labor or material without full payment. It is brought in the name of the state or political subdivision for the use of the claimant, and is subject to AS 08.18.151.
- Federal jobs in Alaska
- Miller Act (40 U.S.C. § 3131): bonds on federal contracts over $150,000
Source: AS § 36.25.010 and the claim statutes cited below. Requirements change; confirm the current statute and your contract before bidding.
Getting paid: Alaska payment bond claims
On public work you cannot file a mechanics lien against the property, so the payment bond is the security for unpaid labor and materials. Miss a deadline and the claim can be lost.
Notice
A claimant with a direct contract with a subcontractor but no contract with the prime must give written notice to the prime contractor within 90 days from the last date it performed labor or furnished material. The notice must state with substantial accuracy the amount claimed and the name of the person supplied or worked for. Serve it by registered mail to any place the contractor keeps an office or does business, or to its residence, or in any manner a peace officer may serve a summons. No preliminary notice is required.
Lawsuit deadline
Suit must be filed no later than 1 year after the date of final settlement of the contract. It can be filed once 90 days have passed since the claimant's last labor or material without full payment. It is brought in the name of the state or political subdivision for the use of the claimant, and is subject to AS 08.18.151.
Statute text: source 1. General information, not legal advice.
What a Alaska performance bond costs
The premium is a percentage of the contract price, and the performance and payment bonds on a public job are usually priced together. Here is the math on a $100,000 contract, the size where Alaska's bond requirement starts:
Alaska performance bond cost by credit profile
Based on a $100,000 Contract bond amount
- Excellent (750+)Rate: 1-2%$1,000-$2,000
- Good (680-749)Rate: 2-3%$2,000-$3,000
- Fair (620-679)Rate: 3-5%$3,000-$5,000
- Below 620Rate: 5-10%$5,000-$10,000
Illustrative ranges. Final pricing is set by the issuing carrier based on credit, financial statements, experience and the job.
How to get bonded for a Alaska public job
- 1.Check the bid documents for the bond forms, amounts and any bid bond the owner requires at bid time.
- 2.Apply once for the program: company financials, work in progress, and the job details. Smaller jobs can often be underwritten on credit alone.
- 3.On award, we place the performance and payment bonds with a Treasury-listed carrier on the owner's form; you pay only when the bonds are issued.
Alaska performance bond questions
Does Alaska require a performance bond on public projects?
Yes. Alaska's Little Miller Act (AS § 36.25.010) requires contractors on covered public works contracts to post performance and payment bonds. The trigger: $100,000. Private owners and lenders can also require one by contract.
What is the Alaska Little Miller Act threshold?
$100,000. Alaska's $100,000 trigger is lower than the federal Miller Act's $150,000, so state and local jobs need bonds at a size where a federal job would not.
How much does a performance bond cost in Alaska?
Premiums are a percentage of the contract price and depend mainly on the contractor's credit, financials and experience. On a $100,000 contract, typical ranges run about $1,000-$2,000 for excellent credit up to $5,000-$10,000 below 620. The issuing carrier sets the final price.
What is the deadline to sue on a Alaska payment bond?
Suit must be filed no later than 1 year after the date of final settlement of the contract. It can be filed once 90 days have passed since the claimant's last labor or material without full payment. It is brought in the name of the state or political subdivision for the use of the claimant, and is subject to AS 08.18.151. (AS 36.25.010-.020). Confirm the deadline against the statute and your contract before relying on it.
Do subcontractors have to give notice before a Alaska payment bond claim?
A claimant with a direct contract with a subcontractor but no contract with the prime must give written notice to the prime contractor within 90 days from the last date it performed labor or furnished material. The notice must state with substantial accuracy the amount claimed and the name of the person supplied or worked for. Serve it by registered mail to any place the contractor keeps an office or does business, or to its residence, or in any manner a peace officer may serve a summons. No preliminary notice is required. (AS 36.25.010-.020).
Who needs an Alaska performance bond?
Contractors on public works projects in Alaska above the statutory threshold. It is required by Alaska public owners awarding covered public works contracts (AS § 36.25.010). The bond amount is performance bond: Equal to the payment bond amount (sliding scale: 50% of contract price up to $1M; 40% from $1M to $5M; $2,500,000 over $5M); payment bond: 50% of contract price if the contract is $1,000,000 or less; 40% if over $1,000,000 up to $5,000,000; flat $2,500,000 if over $5,000,000.
How do I get an Alaska performance bond?
Request a quote with the form on this page. A licensed agent submits your application to a Treasury-listed surety carrier; once the carrier issues your bond, file it as the requiring agency directs.
What happens after I apply?
A licensed agent reviews your request and submits it to the carrier; most quotes come back within one business day. The carrier decides approval and the final premium, and you pay only when your bond is issued.
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