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Miller Act Federal Time Frames

Step 1: Notice
  • No Requirement: NACM suggests serving notice 45 days from last furnishing to prompt payment.

Step 2: Bond Claim
  • No contract with the prime contractor: Serve prime contractor and notice must be received within 90 days of last furnishing.
    See Speed Bumps for Public/Private partnerships (P3) limitations.

Step 3: Suit Against Bond
  • After 90 days from last furnishing but within 1 year of last furnishing.

Bond Bits

  • Generally contracts less then $150,000, are excluded from bond requirements.
  • Amount of Bond: Performance Bond equals 100% of contract - Payment Bond: See Speed Bumps.