Oklahoma Performance Bond61 O.S. § 113
Bond threshold: $100,000.
Oklahoma's $100,000 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: 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: We submit complete applications to the carrier promptly; 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.
Getting paid: Oklahoma payment bond claims
On Oklahoma public work, Okla. Stat. tit. 61, §§ 1, 2 and 113 makes the payment bond, not a lien on public property, the security for unpaid labor and materials.
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
Premium on a $100,000 Oklahoma contract (the trigger size):
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; the carrier sets final pricing.
How to get bonded for public work in Oklahoma
Bid bond at bidding, performance and payment bonds at award: required on contracts over $100,000 under 61 O.S. § 113.
Oklahoma performance bond questions
Does Oklahoma require a performance bond on public projects?
Yes, on covered public works contracts (61 O.S. § 113). The trigger: $100,000. Owners, lenders and bid documents can also require one by contract.
What is the Oklahoma Little Miller Act threshold?
$100,000.
How much does a performance bond cost in Oklahoma?
On a $100,000 Oklahoma 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?
Use the form on this page with the contract amount and the public owner.
What happens after I apply for a performance bond in Oklahoma?
The carrier decides approval and the final premium; you pay only when the bonds are issued.
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