Mississippi Performance BondMiss. Code § 31-5-51
Bond threshold: $25,000.
Mississippi's $25,000 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: Mississippi public owners awarding covered public works contracts (Miss. Code § 31-5-51).
- Amount: Performance bond: Not less than 100% of contract amount. Payment bond: Not less than 100% of contract amount.
- 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.
Mississippi public works bonding at a glance
- Bond threshold
- $25,000
- Controlling statute
- Miss. Code § 31-5-51
- Performance bond amount
- Not less than 100% of contract amount
- Payment bond amount
- Not less than 100% of contract amount
- Claim notice (sub-tier claimants)
- A person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the prime contractor has a right of action on the payment bond only upon giving written notice to the contractor within 90 days from the date it last performed labor or furnished material for which the claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom material was furnished or for whom labor was performed. Notice is given in writing to the contractor OR surety at any place where the contractor or surety maintains an office or conducts business, by personal delivery or certified mail, return receipt requested, postage prepaid (§31-5-51(3)). Protected claimants are limited to: subcontractors and material suppliers of the contractor; sub-subcontractors and material suppliers of those subcontractors; and laborers on the project site (§31-5-51(4)). The sections cited set no preliminary-notice requirement.
- Deadline to sue on the payment bond
- Earliest: claimant not paid in full before the expiration of 90 days after the last labor/material may sue (§31-5-51(2)); the claim must have been approved where required by the public authority/architect/engineer (or approval withheld due to the contractor's unreasonable acts), and if the amount is subject to contractual conditions the action is abated pending their fulfillment. Latest: suit on a payment bond must be commenced within one (1) year after the day on which the last of the labor was performed or material was supplied by the person bringing the action 'and not later' (§31-5-53).
- Federal jobs in Mississippi
- Miller Act (40 U.S.C. § 3131): bonds on federal contracts over $150,000
Source: Miss. Code § 31-5-51 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: Mississippi payment bond claims
On Mississippi public work, Miss. Code Ann. § 31-5-51 (bonds; right to sue; notice) and § 31-5-53 (suit limitation) makes the payment bond, not a lien on public property, the security for unpaid labor and materials.
Notice
A person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the prime contractor has a right of action on the payment bond only upon giving written notice to the contractor within 90 days from the date it last performed labor or furnished material for which the claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom material was furnished or for whom labor was performed. Notice is given in writing to the contractor OR surety at any place where the contractor or surety maintains an office or conducts business, by personal delivery or certified mail, return receipt requested, postage prepaid (§31-5-51(3)). Protected claimants are limited to: subcontractors and material suppliers of the contractor; sub-subcontractors and material suppliers of those subcontractors; and laborers on the project site (§31-5-51(4)). The sections cited set no preliminary-notice requirement.
Lawsuit deadline
Earliest: claimant not paid in full before the expiration of 90 days after the last labor/material may sue (§31-5-51(2)); the claim must have been approved where required by the public authority/architect/engineer (or approval withheld due to the contractor's unreasonable acts), and if the amount is subject to contractual conditions the action is abated pending their fulfillment. Latest: suit on a payment bond must be commenced within one (1) year after the day on which the last of the labor was performed or material was supplied by the person bringing the action 'and not later' (§31-5-53).
Sources: source 1, source 2, source 3, source 4, source 5. General information, not legal advice.
What a Mississippi performance bond costs
Premium on a $100,000 Mississippi contract:
Mississippi 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 Mississippi
Bid bond at bidding, performance and payment bonds at award: required on contracts over $25,000 under Miss. Code § 31-5-51.
Mississippi performance bond questions
Does Mississippi require a performance bond on public projects?
Yes, on covered public works contracts (Miss. Code § 31-5-51). The trigger: $25,000. Owners, lenders and bid documents can also require one by contract.
What is the Mississippi Little Miller Act threshold?
$25,000. Below $25,000 the owner can skip the bonds only if it pays one lump sum after the work is completed and accepted (§ 31-5-51(5)).
How much does a performance bond cost in Mississippi?
On a $100,000 Mississippi 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 Mississippi payment bond?
Earliest: claimant not paid in full before the expiration of 90 days after the last labor/material may sue (§31-5-51(2)); the claim must have been approved where required by the public authority/architect/engineer (or approval withheld due to the contractor's unreasonable acts), and if the amount is subject to contractual conditions the action is abated pending their fulfillment. Latest: suit on a payment bond must be commenced within one (1) year after the day on which the last of the labor was performed or material was supplied by the person bringing the action 'and not later' (§31-5-53). See Miss. Code Ann. § 31-5-51 (bonds; right to sue; notice) and § 31-5-53 (suit limitation). Confirm the deadline against the statute and your contract before relying on it.
Do subcontractors have to give notice before a Mississippi payment bond claim?
A person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the prime contractor has a right of action on the payment bond only upon giving written notice to the contractor within 90 days from the date it last performed labor or furnished material for which the claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom material was furnished or for whom labor was performed. Notice is given in writing to the contractor OR surety at any place where the contractor or surety maintains an office or conducts business, by personal delivery or certified mail, return receipt requested, postage prepaid (§31-5-51(3)). Protected claimants are limited to: subcontractors and material suppliers of the contractor; sub-subcontractors and material suppliers of those subcontractors; and laborers on the project site (§31-5-51(4)). The sections cited set no preliminary-notice requirement. See Miss. Code Ann. § 31-5-51 (bonds; right to sue; notice) and § 31-5-53 (suit limitation).
Who needs a Mississippi performance bond?
Contractors on public works projects in Mississippi above the statutory threshold. It is required by Mississippi public owners awarding covered public works contracts (Miss. Code § 31-5-51). The bond amount is performance bond: Not less than 100% of contract amount; payment bond: Not less than 100% of contract amount.
How do I get a Mississippi 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 Mississippi?
The carrier decides approval and the final premium; you pay only when the bonds are issued.
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Nearby States
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Louisiana requirements, statute, and bond amount
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Performance bonds in other states
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- 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
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- Maine performance bond amount
- Maryland performance bond guide
- Massachusetts performance bond
- Michigan performance bond requirements
- Missouri performance bond guide
- Nevada performance bond
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- Performance bond rules in New York
- North Carolina performance bond amount
- North Dakota performance bond guide
- Ohio performance bond
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- Performance bond rules in Pennsylvania
- South Carolina performance bond amount
- Tennessee performance bond guide
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- Virginia performance bond requirements
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