Alaska Performance BondAS § 36.25.010
Bond threshold: $100,000.
Alaska's $100,000 trigger is lower than the federal Miller Act's $150,000; state and local jobs are bonded at a smaller size than federal ones.
- 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: We submit complete applications to the carrier promptly; 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 sources cited below.
For license bonds and every other bond a contractor may need, start with our hub: Bonds for contractors.
Getting paid: Alaska payment bond claims
On Alaska public work, AS 36.25.010-.020 makes the payment bond, not a lien on public property, the security for unpaid labor and materials.
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.
Sources: source 1. General information, not legal advice.
What a Alaska performance bond costs
Premium on a $100,000 Alaska contract (the trigger size):
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; the carrier sets final pricing.
How to get bonded for public work in Alaska
Bid bond at bidding, performance and payment bonds at award: required on contracts over $100,000 under AS § 36.25.010.
Alaska performance bond questions
Does Alaska require a performance bond on public projects?
Yes, on covered public works contracts (AS § 36.25.010). The trigger: $100,000. Owners, lenders and bid documents can also require one by contract.
What is the Alaska Little Miller Act threshold?
$100,000.
How much does a performance bond cost in Alaska?
On a $100,000 Alaska 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. See 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. See 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?
Use the form on this page with the contract amount and the public owner.
What happens after I apply for a performance bond in Alaska?
The carrier decides approval and the final premium; you pay only when the bonds are issued.
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Performance bonds in other states
- Alabama performance bond guide
- Performance bond rules in Arizona
- Arkansas performance bond amount
- California performance bond guide
- Colorado performance bond
- Washington DC performance bond requirements
- Performance bond rules in Florida
- Georgia performance bond amount
- Idaho performance bond guide
- Illinois performance bond
- Indiana performance bond requirements
- Performance bond rules in Louisiana
- Maine performance bond amount
- Maryland performance bond guide
- Massachusetts performance bond
- Michigan performance bond requirements
- Performance bond rules in Mississippi
- Missouri performance bond amount
- Nevada performance bond guide
- New Jersey performance bond
- New York performance bond requirements
- Performance bond rules in North Carolina
- North Dakota performance bond amount
- Ohio performance bond guide
- Oklahoma performance bond
- Pennsylvania performance bond requirements
- Performance bond rules in South Carolina
- Tennessee performance bond amount
- Texas performance bond guide
- Virginia performance bond
- Washington performance bond requirements
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