Louisiana Performance BondLa. R.S. 38:2241
Louisiana's Little Miller Act requires a performance bond, and a payment bond alongside it, on covered public works contracts. The trigger: $25,000. 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.
Louisiana's $25,000 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: Louisiana public owners awarding covered public works contracts (La. R.S. 38:2241).
- Amount: Payment bond: Not less than 50% of contract price (contracts over $25,000).
- 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.
Louisiana public works bonding at a glance
- Bond threshold
- $25,000
- Controlling statute
- La. R.S. 38:2241
- Payment bond amount
- Not less than 50% of contract price (contracts over $25,000)
- Deadline to sue on the payment bond
- Action on the bond must be brought against the surety or the contractor or both within one year from the registry (recordation) of acceptance of the work or of notice of default of the contractor (38:2247(A)). No earliest-time-to-sue rule stated in the sections read, other than the claim needing to have matured before the sworn statement is filed.
- Federal jobs in Louisiana
- Miller Act (40 U.S.C. § 3131): bonds on federal contracts over $150,000
Source: La. R.S. 38:2241 and the claim statutes cited below. Requirements change; confirm the current statute and your contract before bidding.
Getting paid: Louisiana 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.
Lawsuit deadline
Action on the bond must be brought against the surety or the contractor or both within one year from the registry (recordation) of acceptance of the work or of notice of default of the contractor (38:2247(A)). No earliest-time-to-sue rule stated in the sections read, other than the claim needing to have matured before the sworn statement is filed.
Statute text: source 1, source 2, source 3. General information, not legal advice.
What a Louisiana 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:
Louisiana 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 Louisiana 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.
Louisiana performance bond questions
Does Louisiana require a performance bond on public projects?
Yes. Louisiana's Little Miller Act (La. R.S. 38:2241) requires contractors on covered public works contracts to post performance and payment bonds. The trigger: $25,000. Private owners and lenders can also require one by contract.
What is the Louisiana Little Miller Act threshold?
$25,000. Louisiana's $25,000 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 Louisiana?
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 Louisiana payment bond?
Action on the bond must be brought against the surety or the contractor or both within one year from the registry (recordation) of acceptance of the work or of notice of default of the contractor (38:2247(A)). No earliest-time-to-sue rule stated in the sections read, other than the claim needing to have matured before the sworn statement is filed. (La. R.S. 38:2241-2248 (Louisiana Public Works Act; esp. 38:2241, 38:2242, 38:2247)). Confirm the deadline against the statute and your contract before relying on it.
How do I get a Louisiana 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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All content is researched from official state and federal sources (.gov). BuySuretyBonds.com works with Treasury-listed surety carriers.
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