Federal jobs: Miller Act (40 U.S.C. §3133)
- If you worked directly for the prime contractor and are not paid in full within 90 days after your last day of labor or material, you may sue on the payment bond (§3133(b)(1)).
- Second tier (you worked for a subcontractor, not the prime): give written notice to the prime contractor within 90 days from your last day of labor or material. It must state the amount with substantial accuracy and who you furnished to, and be served by a method with third-party proof of delivery (§3133(b)(2)).
- Lawsuit: no later than one year after the last day you performed labor or supplied material, in U.S. District Court, in the name of the United States for your use (§3133(b)(3)-(4)).
Florida public jobs: Fla. Stat. §255.05
- Not hired by the contractor (and not a laborer): serve the contractor a written notice that you intend to look to the bond, before or within 45 days after you start furnishing (§255.05(2)(a)2.).
- Not hired by the contractor and not paid: serve a sworn notice of nonpayment on the contractor and a copy on the surety, no earlier than 45 days after your first day and no later than 90 days after your last day of furnishing (§255.05(2)(a)2.). Notices are served as in §713.18.
- Lawsuit against the contractor or surety: within 1 year after your labor was performed or material delivered (§255.05(10)). Retainage claims have extra conditions in that subsection.
Texas public jobs: Tex. Gov't Code ch. 2253
- Payment bond required on public work contracts over $25,000 (over $50,000 for a municipality or certain joint boards) (§2253.021).
- Every claimant: mail the prime contractor and the surety written notice of the claim, with a sworn statement of account, on or before the 15th day of the third month after each month you performed labor or delivered material (§2253.041).
- Not hired by the prime contractor: also mail the prime a notice of unpaid labor or material by the 15th day of the second month after each month of work, plus retainage and specially fabricated material notices where they apply (§2253.047).
- Lawsuit: allowed if the claim is not paid before the 61st day after the notice is mailed (§2253.073), and must be brought before the first anniversary of the date the claim notice was mailed (§2253.078(b)).
Not covered here: contract-size thresholds for the Miller Act and Florida bonds, other states, and how to count days on your job. Check the statute or a construction attorney. A late or missing notice can end a bond claim.
This is general information, not legal advice. Rules change. Check the current statute or ask a construction attorney in that state before you rely on a date. Job Clock does not file liens, mail notices, pull permits, or give legal advice.