Oklahoma Performance Bond61 O.S. § 113
Oklahoma's Little Miller Act requires a performance bond, and a payment bond alongside it, on covered public works contracts. The trigger: $100,000. 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.
Oklahoma's $100,000 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: Oklahoma public owners awarding covered public works contracts (61 O.S. § 113).
- Amount: Performance bond: Equal to the contract price (61 O.S. § 113(B)). Payment bond: Not less than the total contract sum (61 O.S. § 1).
- 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.
Oklahoma public works bonding at a glance
- Bond threshold
- $100,000
- Controlling statute
- 61 O.S. § 113
- Performance bond amount
- Equal to the contract price (61 O.S. § 113(B))
- Payment bond amount
- Not less than the total contract sum (61 O.S. § 1)
- Claim notice (sub-tier claimants)
- A person with a direct contract with a subcontractor of any tier but no contractual relationship, express or implied, with the contractor furnishing the payment bond has a right of action only upon giving written notice to the contractor AND the surety within 90 days from the date it last performed labor or furnished material or parts, stating with substantial accuracy the amount claimed and the party to whom materials were furnished or for whom labor was done. Served by registered or certified mail, postage prepaid, to the contractor at any place it maintains an office or conducts business, with a copy to the surety or sureties (61 O.S. § 2(B)(1)). On at-risk construction management contracts, only persons in direct contract with the party furnishing the bond have a right of action (§ 2(B)(2)). No preliminary notice requirement stated.
- Deadline to sue on the payment bond
- No action on the bond after one year from the day the last labor was performed or material/parts furnished, unless a prior claim was filed within that one year, in which case the action must be brought within two years from that last day (61 O.S. § 2(A)). No earliest-time-to-sue rule stated.
- Federal jobs in Oklahoma
- Miller Act (40 U.S.C. § 3131): bonds on federal contracts over $150,000
Source: 61 O.S. § 113 and the claim statutes cited below. Requirements change; confirm the current statute and your contract before bidding.
Getting paid: Oklahoma 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 person with a direct contract with a subcontractor of any tier but no contractual relationship, express or implied, with the contractor furnishing the payment bond has a right of action only upon giving written notice to the contractor AND the surety within 90 days from the date it last performed labor or furnished material or parts, stating with substantial accuracy the amount claimed and the party to whom materials were furnished or for whom labor was done. Served by registered or certified mail, postage prepaid, to the contractor at any place it maintains an office or conducts business, with a copy to the surety or sureties (61 O.S. § 2(B)(1)). On at-risk construction management contracts, only persons in direct contract with the party furnishing the bond have a right of action (§ 2(B)(2)). No preliminary notice requirement stated.
Lawsuit deadline
No action on the bond after one year from the day the last labor was performed or material/parts furnished, unless a prior claim was filed within that one year, in which case the action must be brought within two years from that last day (61 O.S. § 2(A)). No earliest-time-to-sue rule stated.
Statute text: source 1. General information, not legal advice.
What a Oklahoma 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, the size where Oklahoma's bond requirement starts:
Oklahoma 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 Oklahoma 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.
Oklahoma performance bond questions
Does Oklahoma require a performance bond on public projects?
Yes. Oklahoma's Little Miller Act (61 O.S. § 113) requires contractors on covered public works contracts to post performance and payment bonds. The trigger: $100,000. Private owners and lenders can also require one by contract.
What is the Oklahoma Little Miller Act threshold?
$100,000. Oklahoma's $100,000 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 Oklahoma?
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 Oklahoma payment bond?
No action on the bond after one year from the day the last labor was performed or material/parts furnished, unless a prior claim was filed within that one year, in which case the action must be brought within two years from that last day (61 O.S. § 2(A)). No earliest-time-to-sue rule stated. (Okla. Stat. tit. 61, §§ 1, 2 and 113). Confirm the deadline against the statute and your contract before relying on it.
Do subcontractors have to give notice before a Oklahoma payment bond claim?
A person with a direct contract with a subcontractor of any tier but no contractual relationship, express or implied, with the contractor furnishing the payment bond has a right of action only upon giving written notice to the contractor AND the surety within 90 days from the date it last performed labor or furnished material or parts, stating with substantial accuracy the amount claimed and the party to whom materials were furnished or for whom labor was done. Served by registered or certified mail, postage prepaid, to the contractor at any place it maintains an office or conducts business, with a copy to the surety or sureties (61 O.S. § 2(B)(1)). On at-risk construction management contracts, only persons in direct contract with the party furnishing the bond have a right of action (§ 2(B)(2)). No preliminary notice requirement stated. (Okla. Stat. tit. 61, §§ 1, 2 and 113).
Who needs an Oklahoma performance bond?
Contractors on public works projects in Oklahoma above the statutory threshold. It is required by Oklahoma public owners awarding covered public works contracts (61 O.S. § 113). The bond amount is performance bond: Equal to the contract price (61 O.S. § 113(B)); payment bond: Not less than the total contract sum (61 O.S. § 1).
How do I get an Oklahoma 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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