Claim on Bond Service for Public Works Projects
File Claim on Bond
DIY vs Lawyer vs Northwest Lien
| Doing It Yourself (DIY) | Construction Lawyer | Northwest Lien | |
|---|---|---|---|
| Cost | County recording fees + your valuable time | Very High ($300+/hour) | Affordable Flat Rates |
| Speed | Slow (Understanding the statutes) | Slow (Waiting for consults) | Fast (Often under 48 hours with our Rush lien service) |
| Risk of Error | High (One typo could invalidate) | Low | Low |
| Effort | Hard (You handle all mailing & recording) | Hard (You gather all documents) | Easy – You submit details, we do the rest |
Why a Bond Claim (Not a Lien)
When a project is owned by a city, county, state agency, or other public body, mechanics liens are off the table.
Sovereign immunity prevents a lien claimant from attaching a claim to government-owned property, which means you have no lien leverage even if you’re clearly owed money.
The legal substitute is a Claim on Bond. State law requires the prime contractor on most public works projects to post a payment bond specifically to protect subcontractors, suppliers, and laborers who go unpaid.
Filing a formal claim against that bond is your primary path to payment on public jobs — but only if you act before the deadline.
Bond Claim for Subs, Suppliers, and Laborers on Public Jobs
If you furnished labor, materials, or equipment to a public works project and have not been paid, you may have bond claim rights under state law. Northwest Lien can help:
- Subcontractors working under a prime contractor on a public works or government project
- Material suppliers with unpaid invoices for materials delivered to a public job
- Equipment rental providers with unpaid equipment furnished to a public works site
- Lower-tier subcontractors and sub-suppliers seeking payment from up the chain
- AR and credit teams managing bond claim rights across multiple public projects
How It Works
Our Claim on Bond Process
Three simple steps to file with us.
Step 1: Send your project details
Provide the public agency name, prime contractor, your contract tier, and the unpaid balance. We identify the bond in place and who should receive the claim.
Step 2: We prepare the claim
We draft the formal written Claim on Bond based on your state’s requirements, your role on the project, and the applicable deadline, whether you have a direct contract with the prime or are a lower-tier claimant.
Step 3: We serve the required parties
We serve the claim on the prime contractor and surety by the method required by state law, typically certified or registered mail, and help you document compliance.
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Check Your Deadline
Lien filing deadlines are strict and vary by state. Enter your details and we will tell you exactly how much time you have left.
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Trusted by Contractors Across the West
Frequently Asked Questions
What’s the difference between a Claim on Bond and a mechanics lien?
Both are powerful payment tools, but they apply to different project types and have completely different deadlines and procedures.
- A mechanics lien attaches to private property and can block its sale until you’re paid.
- A Claim on Bond targets the prime contractor’s surety bond rather than the property and is used exclusively on public projects where lien rights do not exist.
What can be claimed on a bond?
On a public works project, a Claim on Bond can cover any unpaid amounts owed for:
- Labor: work performed by subcontractors, workers, or lower-tier subs
- Materials: supplies delivered to and used on the project
- Equipment: rental or furnished equipment used on the job
- Retention: withheld retainage not released after completion
- Authorized extras: approved change order or additional work that hasn’t been paid for
The claim must relate directly to the bonded public works contract. It does not cover penalties, consequential damages, or unrelated project balances. The surety will require the unpaid amount, a description of what was furnished, and dates of last performance.
What happens if I miss the bond claim deadline?
Missing a statutory bond claim deadline can eliminate your right to recover from the payment bond, even if the work was completed and payment is owed. These deadlines are strict, so send the required notice early and keep proof of delivery.
- Washington: Missing the 30-day notice to the public owner after project acceptance bars a claim against the payment bond.
- Oregon: Failing to send the notice to the contractor and agency within 180 days after last work can bar recovery.
- Idaho: A claimant without a direct contract must give written notice to the prime within 90 days after last work; missing this can bar recovery.
- Nevada: Send early notice within 30 days of first work and a claim within 90 days after last work; missing either bars the claim.
- California: Send a bond claim within 15 days of recorded Notice of Completion or within 75 days of completion if no notice; missing this ends the bond remedy.
Missing a bond deadline may not eliminate every possible contract or collection remedy, but it can eliminate the statutory right to recover from the payment bond. To learn more, ask our lien specialists.
Do all states use the same bond claim process?
No. Bond claim procedures, notice recipients, timing, and pre-notice rules vary by state.
- Washington: File a written Notice of Claim with the public body within 30 days after formal acceptance of the public work. Certain suppliers also need an earlier Notice to Contractor.
- Oregon: Send a Notice of Claim to both the contractor and the contracting agency within 180 days after last furnishing labor or materials.
- Idaho: Lower-tier claimants, meaning those contracted with a subcontractor rather than the prime contractor, must notify the prime contractor within 90 days after last furnishing. A bond lawsuit generally must be filed within one year.
- Nevada: Certain lower-tier claimants must give the prime contractor an early 30-day notice, followed by a 90-day notice of claim after their last work or delivery. A lawsuit must be filed within one year after last furnishing.
- California: Most lower-tier claimants must preserve payment bond rights with a 20-day preliminary notice. If preliminary notice was not given, the claimant may have a much shorter post-completion bond-claim deadline.
Do I need a preliminary notice before filing a Claim on Bond?
It depends on the state and your position in the payment chain.
- Washington: Suppliers must notify the prime contractor in writing within 10 days of the first delivery, or they can’t usually sue on the bond. This isn’t required for all claimants.
- Oregon: No early notice needed for a public works bond claim, but a Notice of Claim must be sent within 180 days of last delivery.
- Idaho: Claimants without a direct contract must notify the prime contractor within 90 days of last delivery. First-tier claimants generally don’t have this requirement.
- Nevada: If contracted with a subcontractor, serve the prime contractor within 30 days of first delivery, and submit a separate claim within 90 days after last delivery.
- California: Usually, preliminary notice is required before claiming on a public works bond, except for direct contractors. Late notices only cover work in the 20 days before notice.