Idaho Performance BondIdaho Code § 54-1926
Idaho's Little Miller Act requires a performance bond, and a payment bond alongside it, on covered public works contracts. The trigger: $50,000. 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.
Idaho's $50,000 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: 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: Same-day submission; 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 claim statutes cited below. Requirements change; confirm the current statute and your contract before bidding.
Getting paid: Idaho 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 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.
Statute text: source 1, source 2, source 3. General information, not legal advice.
What a Idaho 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 $50,000 contract, the size where Idaho's bond requirement starts:
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. Final pricing is set by the issuing carrier based on credit, financial statements, experience and the job.
How to get bonded for a Idaho 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.
Idaho performance bond questions
Does Idaho require a performance bond on public projects?
Yes. Idaho's Little Miller Act (Idaho Code § 54-1926) requires contractors on covered public works contracts to post performance and payment bonds. The trigger: $50,000. Private owners and lenders can also require one by contract.
What is the Idaho Little Miller Act threshold?
$50,000. Idaho's $50,000 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 Idaho?
Premiums are a percentage of the contract price and depend mainly on the contractor's credit, financials and experience. On a $50,000 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. (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. (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?
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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