Maine Performance Bond14 M.R.S. § 871
Bond threshold: $125,000.
Maine's $125,000 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: Maine public owners awarding covered public works contracts (14 M.R.S. § 871).
- Amount: Performance bond: 100% of contract amount. Payment bond: 100% of contract amount.
- Typical cost (estimate): about $1,250-$2,500 on a $125,000 contract with excellent credit, up to $6,250-$12,500 below 620. The surety sets the final price.
- Timing: We submit complete applications to the carrier promptly; most quotes within one business day.
Maine public works bonding at a glance
- Bond threshold
- $125,000
- Controlling statute
- 14 M.R.S. § 871
- Performance bond amount
- 100% of contract amount
- Payment bond amount
- 100% of contract amount
- Claim notice (sub-tier claimants)
- A claimant with a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the prime contractor has no right of action on the payment bond unless it gives written notice to the contractor within 90 days from the date it performed the last labor or furnished the last material for which the claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or for whom the labor was performed. Service by registered or certified mail, postage prepaid, addressed to the contractor at any place the contractor maintains an office or conducts business, or at the contractor's residence (§871(4)). Special rule for material suppliers whose claim is not ascertainable due to unavailability of final quantity estimates: notice of claim to the contractor must be filed before expiration of 90 days following the contracting authority's determination of final quantity estimates. The sections cited set no preliminary-notice requirement.
- Deadline to sue on the payment bond
- Earliest: claimant may sue if not paid in full before the expiration of 90 days after the day it last performed labor or furnished material. Latest: action may not be commenced after one year from the date on which the last of the labor was performed or material was supplied; exception for material suppliers whose claim is unascertainable due to unavailable final quantity estimates - one year from the date final quantity estimates are determined (§871(4)). Venue: action must be brought in the county where the public work is located (§871(6)).
- Federal jobs in Maine
- Miller Act (40 U.S.C. § 3131): bonds on federal contracts over $150,000
Source: 14 M.R.S. § 871 and the sources cited below.
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Getting paid: Maine payment bond claims
On Maine public work, 14 M.R.S. § 871 (Public Works Contractors' Surety Bond Law of 1971) makes the payment bond, not a lien on public property, the security for unpaid labor and materials.
Notice
A claimant with a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the prime contractor has no right of action on the payment bond unless it gives written notice to the contractor within 90 days from the date it performed the last labor or furnished the last material for which the claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or for whom the labor was performed. Service by registered or certified mail, postage prepaid, addressed to the contractor at any place the contractor maintains an office or conducts business, or at the contractor's residence (§871(4)). Special rule for material suppliers whose claim is not ascertainable due to unavailability of final quantity estimates: notice of claim to the contractor must be filed before expiration of 90 days following the contracting authority's determination of final quantity estimates. The sections cited set no preliminary-notice requirement.
Lawsuit deadline
Earliest: claimant may sue if not paid in full before the expiration of 90 days after the day it last performed labor or furnished material. Latest: action may not be commenced after one year from the date on which the last of the labor was performed or material was supplied; exception for material suppliers whose claim is unascertainable due to unavailable final quantity estimates - one year from the date final quantity estimates are determined (§871(4)). Venue: action must be brought in the county where the public work is located (§871(6)).
Sources: source 1, source 2. General information, not legal advice.
What a Maine performance bond costs
Premium on a $125,000 Maine contract (the trigger size):
Maine performance bond cost by credit profile
Based on a $125,000 Contract bond amount
- Excellent (750+)Rate: 1-2%$1,250-$2,500
- Good (680-749)Rate: 2-3%$2,500-$3,750
- Fair (620-679)Rate: 3-5%$3,750-$6,250
- Below 620Rate: 5-10%$6,250-$12,500
Illustrative ranges; the carrier sets final pricing.
How to get bonded for public work in Maine
Bid bond at bidding, performance and payment bonds at award: required on contracts over $125,000 under 14 M.R.S. § 871.
Maine performance bond questions
Does Maine require a performance bond on public projects?
Yes, on covered public works contracts (14 M.R.S. § 871). The trigger: $125,000. Owners, lenders and bid documents can also require one by contract.
What is the Maine Little Miller Act threshold?
$125,000.
How much does a performance bond cost in Maine?
On a $125,000 Maine contract, typical ranges run about $1,250-$2,500 for excellent credit up to $6,250-$12,500 below 620. The issuing carrier sets the final price.
What is the deadline to sue on a Maine payment bond?
Earliest: claimant may sue if not paid in full before the expiration of 90 days after the day it last performed labor or furnished material. Latest: action may not be commenced after one year from the date on which the last of the labor was performed or material was supplied; exception for material suppliers whose claim is unascertainable due to unavailable final quantity estimates - one year from the date final quantity estimates are determined (§871(4)). Venue: action must be brought in the county where the public work is located (§871(6)). See 14 M.R.S. § 871 (Public Works Contractors' Surety Bond Law of 1971). Confirm the deadline against the statute and your contract before relying on it.
Do subcontractors have to give notice before a Maine payment bond claim?
A claimant with a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the prime contractor has no right of action on the payment bond unless it gives written notice to the contractor within 90 days from the date it performed the last labor or furnished the last material for which the claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or for whom the labor was performed. Service by registered or certified mail, postage prepaid, addressed to the contractor at any place the contractor maintains an office or conducts business, or at the contractor's residence (§871(4)). Special rule for material suppliers whose claim is not ascertainable due to unavailability of final quantity estimates: notice of claim to the contractor must be filed before expiration of 90 days following the contracting authority's determination of final quantity estimates. The sections cited set no preliminary-notice requirement. See 14 M.R.S. § 871 (Public Works Contractors' Surety Bond Law of 1971).
Who needs a Maine performance bond?
Contractors on public works projects in Maine above the statutory threshold. It is required by Maine public owners awarding covered public works contracts (14 M.R.S. § 871). The bond amount is performance bond: 100% of contract amount; payment bond: 100% of contract amount.
How do I get a Maine 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 Maine?
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 requirements
- Performance bond rules in Alaska
- Arizona performance bond amount
- Arkansas performance bond guide
- California performance bond
- Colorado performance bond requirements
- Performance bond rules in Washington, DC
- Florida performance bond amount
- Georgia performance bond guide
- Idaho performance bond
- Illinois performance bond requirements
- Performance bond rules in Indiana
- Louisiana performance bond amount
- Maryland performance bond requirements
- Performance bond rules in Massachusetts
- Michigan performance bond amount
- Mississippi performance bond guide
- Missouri performance bond
- Nevada performance bond requirements
- Performance bond rules in New Jersey
- New York performance bond amount
- North Carolina performance bond guide
- North Dakota performance bond
- Ohio performance bond requirements
- Performance bond rules in Oklahoma
- Pennsylvania performance bond amount
- South Carolina performance bond guide
- Tennessee performance bond
- Texas performance bond requirements
- Performance bond rules in Virginia
- Washington performance bond amount
- Wyoming performance bond guide