Idaho Performance BondIdaho Code § 54-1926
Bond threshold: $50,000.
Idaho's $50,000 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: Idaho public owners awarding covered public works contracts (Idaho Code § 54-1926).
- Amount: Performance bond: Not less than 85% of contract amount. Payment bond: Not less than 85% of contract amount.
- Typical cost (estimate): about $500-$1,000 on a $50,000 contract with excellent credit, up to $2,500-$5,000 below 620. The surety sets the final price.
- Timing: We submit complete applications to the carrier promptly; most quotes within one business day.
Idaho public works bonding at a glance
- Bond threshold
- $50,000
- Controlling statute
- Idaho Code § 54-1926
- Performance bond amount
- Not less than 85% of contract amount
- Payment bond amount
- Not less than 85% of contract amount
- Claim notice (sub-tier claimants)
- A claimant with a direct contract with a subcontractor but no express or implied contract with the prime contractor must give written notice to the prime contractor within 90 days from the date it last performed labor or furnished material. The notice must state with substantial accuracy the amount claimed and the name of the person to whom material or equipment was furnished or for whom labor was done. It must be served by registered or certified mail, postage prepaid, addressed to the contractor at any place it maintains an office or conducts business, or at its residence. The statute does not require notice to the surety or public owner, and does not require preliminary notice. Claimants with a direct contract with the prime contractor need no notice.
- Deadline to sue on the payment bond
- The right to sue accrues if the claimant is still unpaid in full 90 days after its last labor, material or equipment (earliest time to sue). Suit must be commenced within one year from the date the claimant performed its last labor or furnished its last material or equipment. If the claimant is a subcontractor of the contractor, suit must instead be commenced within one year from the date final payment under the subcontract became due. Venue is an appropriate court in any county where the contract was to be performed, and not elsewhere.
- Federal jobs in Idaho
- Miller Act (40 U.S.C. § 3131): bonds on federal contracts over $150,000
Source: Idaho Code § 54-1926 and the sources cited below.
For license bonds and every other bond a contractor may need, start with our hub: All contractor bond types.
Getting paid: Idaho payment bond claims
On Idaho public work, Idaho Code §§ 54-1926 to 54-1929 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 express or implied contract with the prime contractor must give written notice to the prime contractor within 90 days from the date it last performed labor or furnished material. The notice must state with substantial accuracy the amount claimed and the name of the person to whom material or equipment was furnished or for whom labor was done. It must be served by registered or certified mail, postage prepaid, addressed to the contractor at any place it maintains an office or conducts business, or at its residence. The statute does not require notice to the surety or public owner, and does not require preliminary notice. Claimants with a direct contract with the prime contractor need no notice.
Lawsuit deadline
The right to sue accrues if the claimant is still unpaid in full 90 days after its last labor, material or equipment (earliest time to sue). Suit must be commenced within one year from the date the claimant performed its last labor or furnished its last material or equipment. If the claimant is a subcontractor of the contractor, suit must instead be commenced within one year from the date final payment under the subcontract became due. Venue is an appropriate court in any county where the contract was to be performed, and not elsewhere.
Sources: source 1, source 2, source 3. General information, not legal advice.
What a Idaho performance bond costs
Premium on a $50,000 Idaho contract (the trigger size):
Idaho performance bond cost by credit profile
Based on a $50,000 Contract bond amount
- Excellent (750+)Rate: 1-2%$500-$1,000
- Good (680-749)Rate: 2-3%$1,000-$1,500
- Fair (620-679)Rate: 3-5%$1,500-$2,500
- Below 620Rate: 5-10%$2,500-$5,000
Illustrative ranges; the carrier sets final pricing.
How to get bonded for public work in Idaho
Bid bond at bidding, performance and payment bonds at award: required on contracts over $50,000 under Idaho Code § 54-1926.
Idaho performance bond questions
Does Idaho require a performance bond on public projects?
Yes, on covered public works contracts (Idaho Code § 54-1926). The trigger: $50,000. Owners, lenders and bid documents can also require one by contract.
What is the Idaho Little Miller Act threshold?
$50,000.
How much does a performance bond cost in Idaho?
On a $50,000 Idaho contract, typical ranges run about $500-$1,000 for excellent credit up to $2,500-$5,000 below 620. The issuing carrier sets the final price.
What is the deadline to sue on a Idaho payment bond?
The right to sue accrues if the claimant is still unpaid in full 90 days after its last labor, material or equipment (earliest time to sue). Suit must be commenced within one year from the date the claimant performed its last labor or furnished its last material or equipment. If the claimant is a subcontractor of the contractor, suit must instead be commenced within one year from the date final payment under the subcontract became due. Venue is an appropriate court in any county where the contract was to be performed, and not elsewhere. See Idaho Code §§ 54-1926 to 54-1929. Confirm the deadline against the statute and your contract before relying on it.
Do subcontractors have to give notice before a Idaho payment bond claim?
A claimant with a direct contract with a subcontractor but no express or implied contract with the prime contractor must give written notice to the prime contractor within 90 days from the date it last performed labor or furnished material. The notice must state with substantial accuracy the amount claimed and the name of the person to whom material or equipment was furnished or for whom labor was done. It must be served by registered or certified mail, postage prepaid, addressed to the contractor at any place it maintains an office or conducts business, or at its residence. The statute does not require notice to the surety or public owner, and does not require preliminary notice. Claimants with a direct contract with the prime contractor need no notice. See Idaho Code §§ 54-1926 to 54-1929.
Who needs an Idaho performance bond?
Contractors on public works projects in Idaho above the statutory threshold. It is required by Idaho public owners awarding covered public works contracts (Idaho Code § 54-1926). The bond amount is performance bond: Not less than 85% of contract amount; payment bond: Not less than 85% of contract amount.
How do I get an Idaho 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 Idaho?
The carrier decides approval and the final premium; you pay only when the bonds are issued.
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Other bonds in Idaho
Performance bonds in other states
- Performance bond rules in Alabama
- Alaska performance bond amount
- Arizona performance bond guide
- Arkansas performance bond
- California performance bond requirements
- Performance bond rules in Colorado
- Washington DC performance bond amount
- Florida performance bond guide
- Georgia performance bond
- Illinois performance bond amount
- Indiana performance bond guide
- Louisiana performance bond
- Maine performance bond requirements
- Performance bond rules in Maryland
- Massachusetts performance bond amount
- Michigan performance bond guide
- Mississippi performance bond
- Missouri performance bond requirements
- Performance bond rules in Nevada
- New Jersey performance bond amount
- New York performance bond guide
- North Carolina performance bond
- North Dakota performance bond requirements
- Performance bond rules in Ohio
- Oklahoma performance bond amount
- Pennsylvania performance bond guide
- South Carolina performance bond
- Tennessee performance bond requirements
- Performance bond rules in Texas
- Virginia performance bond amount
- Washington performance bond guide
- Wyoming performance bond