New York Bond Claim Guide and FAQs

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New-York-Bond-Claims

New York Bond Claim Overview

New York

Preliminary Notice Deadlines
None / not applicable.

New York

Bond Claim Deadlines
Prime contractors cannot file a claim against their own payment bond.

New York

Preliminary Notice Deadlines
None / not applicable.

New York

Bond Claim Deadlines
120 Days

A bond claim must be filed within 120 days of last furnishing. A public claim of lien must be filed within 30 days after completion and acceptance of the public improvement. Suit to foreclose the claim must be filed within 1 year from the filing of the public claim.

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New York

Enforcement Deadlines
1 Year

A lawsuit to enforce a bond claim must be initiated within 1 year from the date of last furnishing labor and/or materials to the project; unless a longer period is provided in the bond. A lien on contract funds must be enforced within 1 year of the filing of the claim.

New York

Preliminary Notice Deadlines
None / not applicable.

New York

Bond Claim Deadlines
120 Days

A bond claim must be filed within 120 days of last furnishing. A public claim of lien must be filed within 30 days after completion and acceptance of the public improvement. Suit to foreclose the claim must be filed within 1 year from the filing of the public claim.

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New York

Enforcement Deadlines
1 Year

A lawsuit to enforce a bond claim must be initiated within 1 year from the date of last furnishing labor and/or materials to the project; unless a longer period is provided in the bond. A lien on contract funds must be enforced within 1 year of the filing of the claim.

New York Bond Claim FAQs

Claim FAQs

What types of projects are covered under New York’s public bond claim laws?

New York’s Little Miller Act requires payment bonds to be posted on all public works projects within the state where the total contract price is valued at $100K or more. Additionally, on municipal projects where multiple prime contracts are awarded, payment bonds must also be present when the aggregate amount of the contract prices equal $200K or more. Lastly, New York also provides a lien on contract funds for public improvements as well.

Summary
New York Bond Claim FAQs
Article Name
New York Bond Claim FAQs
Description
Summary of New York bond claim and notice laws and requirements for private New York projects including free forms, FAQs, resources and more.
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Levelset
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Who is protected under New York’s bond claim laws?

In New York, subcontractors, sub-subs, laborers, and material suppliers to the general contractor or 1st tier subs are protected under bond claim and lien on funds laws.

Generally, suppliers to suppliers are not protected, but some case law holds that if the bond’s coverage is not explicitly limited to suppliers, contractors or subcontractors a supplier to a supplier may be covered by the bond – but still do not have any right against funds held by the state.

• See: Should I file a lien on funds in addition to a bond claim in NYS?

Summary
New York Bond Claim FAQs
Article Name
New York Bond Claim FAQs
Description
Summary of New York bond claim and notice laws and requirements for private New York projects including free forms, FAQs, resources and more.
Author
Publisher Name
Levelset
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When is the deadline to make a New York bond claim?

Bond claims

A bond claim must be served within 120 days of the claimant’s last date of furnishing labor and/or materials to the project. A formal bond claim is only required from claimants who didn’t contract directly with the prime contractor, although it may be a good idea to send one as a 1st-tier subcontractor as well.

Lien on funds

Anytime before the project completion and acceptance, or within 30 days after such completion and acceptance of the improvement. Notice of the claim must also be served on the required parties either before, or simultaneously with the claim.

Summary
New York Bond Claim FAQs
Article Name
New York Bond Claim FAQs
Description
Summary of New York bond claim and notice laws and requirements for private New York projects including free forms, FAQs, resources and more.
Author
Publisher Name
Levelset
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What information needs to be included in a New York bond claim?

Bond claims

The following information must be included in the payment bond claim

• Claimant’s name & address;
• Hiring party information;
• Amount claimed;
Description of labor and/or materials furnished; &
• Project description.

Lien on funds

The following information must be included in the “lien on contract funds”

• Claimant’s name & address [if a partnership (names of partners), if a foreign corporation (address of principal place of business in that state)];
• Hiring party information;
• Amount claimed to be due or to become due;
• Date payment became due;
• Description of property:
• Description of labor and/or materials furnished;
• General description of the contract; &
• Proof of service on the required parties.

Summary
New York Bond Claim FAQs
Article Name
New York Bond Claim FAQs
Description
Summary of New York bond claim and notice laws and requirements for private New York projects including free forms, FAQs, resources and more.
Author
Publisher Name
Levelset
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Who should receive a New York bond claim?

Bond claims

The only party specifically required to receive the bond claim is the general contractor, however, it is likely advisable to send notice of the bond claim to the surety, as well.

Lien on funds

The lien claim must be given to the head of the department or bureau in charge of project; Comptroller of State or other financial officer or person in charge of custody and disbursement of funds for project; Contractor and sub, as necessary (party with whom supplier has a contract, as well as contractor, if contract is with sub.) The copy served on the contractor and subcontractor must be served at the same time as it is given to the public entity, or within 5 days previously. Proof of service is required.

Summary
New York Bond Claim FAQs
Article Name
New York Bond Claim FAQs
Description
Summary of New York bond claim and notice laws and requirements for private New York projects including free forms, FAQs, resources and more.
Author
Publisher Name
Levelset
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How must the New York Bond Claim be sent?

Bond claims

Bond claims can be personally served, or served by registered mail to business or residence. If notice actually received by other means, such notice is sufficient. (The burden of proving actual receipt, however, is on the claimant.) Actual receipt is essential.

Lien on funds

A lien claim must be filed with the public body who commissioned the work,  and within 5 days before or simultaneously with the filing, must serve contractor and sub by certified mail. Lien filing must include or be accompanied by proof of service on contracting parties. Failure to do so invalidates lien.

Summary
New York Bond Claim FAQs
Article Name
New York Bond Claim FAQs
Description
Summary of New York bond claim and notice laws and requirements for private New York projects including free forms, FAQs, resources and more.
Author
Publisher Name
Levelset
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When is the deadline to initiate suit, or, how long is a NY bond claim effective?

Bond claims

A lawsuit to enforce a bond claim must be filed more than 90 days after the date of last furnishing labor and/or materials to the project, but within 1 year of the date on which the project was completed and accepted by the public entity. It may be possible for the language of the bond itself to shorten the time in which an action to enforce must be initiated if the shorter time is reasonable.

• See: What are the deadlines to file a bond claim for contractors and subs in New York?

Lien on funds

A lawsuit to enforce a lien on contract funds must be filed within 1 year form the date the claim was filed, unless an extension is filed within that time period with the comptroller of the state or the financial officer of the public corporation with whom the claim was filed. A one year extension may be filed in each of 2 successive years.

Summary
New York Bond Claim FAQs
Article Name
New York Bond Claim FAQs
Description
Summary of New York bond claim and notice laws and requirements for private New York projects including free forms, FAQs, resources and more.
Author
Publisher Name
Levelset
Publisher Logo

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Recent Questions & Answers About New York Claims

How to find the Bond information after work started?

I know i Should have obtained it in advance but am first-timer. I have license # and Insurance Certificate for Contractor in breach for non-performance? Thank you

Millar bonds and lien

I am a GC that was hired on a Federal Public job. A contract was entered and I had filed the Millar act bonds in the beginning of the job. They were submitted to the CEO and secretary by registered mail and notary. A rental agreement was also made for the customer to pay additional rental fees....

I need to file a bond claim in New York State

I placed a mechanical lien to a property. The lien was discharged by bond. I need to claim the bond.

How to file a lien in New York

Need to file a New York mechanics lien? File your mechanics lien with Levelset, the lien experts quickly and easily. Or you can follow the 3 steps below to file a lien yourself with Levelset’s free information.
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New York Bond Claim Free Forms

Notice of Intent to Make Bond Claim Form

Notice of Intent to Make Bond Claim Form

A Notice of Intent to Make Bond Claim is not a required document, but it can be a powerful one. By sending this notice, a claimant...

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New York Bond Claim Statutes

When you perform work on a state construction project in New York, and are not paid, you can file a “lien” against the project pursuant to New York’s Little Miller Act. Since the claim is not against the state or county’s actual property, but instead against a posted bond, the claim is not really called a “lien” but is more frequently referred to as a “bond claim” or “little miller act claim.” New York’s Little Miller Act is found in New York State Finance Law, Article 9, Section 137, and is reproduced below; updated as of 2022.

New York Little Miller Act

§ 137. Bond to secure payment of certain claims arising from a public improvement; enforcement

1. In addition to other bond or bonds, if any, required by law for the completion of a work specified in a contract for the prosecution of a public improvement for the state of New York a municipal corporation, a public benefit corporation or a commission appointed pursuant to law, or in the absence of any such requirement, the comptroller may or the other appropriate official, respectively, shall nevertheless require prior to the approval of any such contract a bond guaranteeing prompt payment of moneys due to all persons furnishing labor or materials to the contractor or any subcontractors in the prosecution of the work provided for in such contract. Whenever a municipal corporation issues a permit subject to compliance with section two hundred twenty of the labor law, such permittee or its contractor or subcontractors furnishing workers shall post a payment bond subject to this section. Provided, however, that all performance bonds and payment bonds may, at the discretion of the head of the state agency, public benefit corporation or commission, or his or her designee, be dispensed with for the completion of a work specified in a contract for the prosecution of a public improvement for the state of New York for which bids are solicited where the aggregate amount of the contract is under one hundred thousand dollars and provided further, that in a case where the contract is not subject to the multiple contract award requirements of section one hundred thirty-five of this article, such requirements may be dispensed with where the head of the state agency, public benefit corporation or commission finds it to be in the public interest and where the aggregate amount of the contract awarded or to be awarded is less than two hundred thousand dollars. Provided further, that in a case where a performance or payment bond is dispensed with, twenty per centum may be retained from each progress payment or estimate until the entire contract work has been completed and accepted, at which time the head of the state agency, public benefit corporation or commission shall, pending the payment of the final estimate, pay not to exceed seventy-five per centum of the amount of the retained percentage.

2. A copy of such payment bond shall be kept in the office of the head of the department or bureau having charge of the public improvement in connection with which the bond was given and a copy shall also be kept in the office of the comptroller or other appropriate official; such copies shall be open to public inspection.

3. Every person who has furnished labor or material, to the contractor or to a subcontractor of the contractor, in the prosecution of the work provided for in the contract and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was performed or material was furnished by him for which the claim is made, shall have the right to sue on such payment bond in his own name for the amount, or the balance thereof, unpaid at the time of commencement of the action; provided, however, that a person having a direct contractual relationship with a subcontractor of the contractor furnishing the payment bond but no contractual relationship express or implied with such contractor shall not have a right of action upon the bond unless he shall have given written notice to such contractor within one hundred twenty days from the date on which the last of the labor was performed or the last of the material was furnished, for which his claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or for whom the labor was performed. The notice shall be served by delivering the same personally to the contractor or by mailing the same by registered mail, postage prepaid, in an envelope addressed to the contractor at any place where he maintains an office or conducts his business or at his residence; provided, however, that where such notice is actually received by the contractor by other means, such notice shall be deemed sufficient.

4.

(a) A payment bond required pursuant to this section may provide that the place of trial of an action on the bond shall be in the county in which the contract of the contractor who furnished the bond was to be performed or if such contract was to be performed in more than one county, then in any such county, and not elsewhere.

(b) Except as provided in section two hundred twenty-g of the labor law, no action on a payment bond furnished pursuant to this section shall be commenced after the expiration of one year from the date on which the public improvement has been completed and accepted by the public owner.

(c) In any action on a payment bond furnished pursuant to this section, any judgment in favor of a subcontractor or material supplier may include provision for the payment of interest upon the amount recovered from the date when demand for payment was made pursuant to the labor and material payment bond and provided further that the court may determine and award reasonable attorney’s fee to either party to such action when, upon reviewing the entire record, it appears that either the original claim or the defense interposed to such claim is without substantial basis in fact or law.

5.

(a) The expression “furnishes material” or other similar expression wherever used in this section shall be deemed to include the reasonable rental value for the period of actual use of machinery, tools or equipment, and the value of compressed gases furnished for welding or cutting, and the value of fuel and lubricants consumed by machinery operating on the improvement, or by motor vehicles owned, operated or controlled by the contractor or his subcontractors while engaged exclusively in the transportation of materials to or from the improvement for the purposes thereof.

(b) The expression “moneys due to persons furnishing labor to the contractor or his subcontractors” includes all sums payable to or on behalf of persons furnishing labor to the contractor or his subcontractors, for wages, health, welfare, non-occupational disability, retirement, vacation benefits, holiday pay, life insurance or other benefits, payment of which is required pursuant to the labor law or by the contract in connection with which the bond is furnished or by a collective bargaining agreement between organized labor and the contractor or subcontractor, and which are computed upon labor performed in the prosecution of the contract. A trustee or other person authorized to collect such payments shall have the right to sue on the payment bond in his own name and subject to the same conditions as if he were the person performing the labor upon which such sums are computed.

Summary
New York Bond Claim FAQs
Article Name
New York Bond Claim FAQs
Description
Summary of New York bond claim and notice laws and requirements for private New York projects including free forms, FAQs, resources and more.
Author
Publisher Name
Levelset
Publisher Logo

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