You cannot put a mechanic's lien on government property, so on public work your protection is a claim against the project's payment bond instead. Nobody is allowed to encumber a courthouse, a highway, or a school, which means the lien, your strongest private-job tool, simply does not exist here. To make up for it, the law requires the prime contractor on a sizable public job to post a payment bond, and that bond stands in for the property as the thing you make your claim against when you are not paid. Same idea, getting the money without suing the person who owes you, different machinery. And like a lien, it runs on short, strict deadlines you cannot afford to miss.
Which set of rules applies depends on whose project it is. Federal jobs run under the Miller Act. State, county, and city jobs run under your state's own version, usually called a Little Miller Act.
Federal jobs: the Miller Act
On federal construction contracts above a dollar threshold set by federal law, the prime contractor has to post two bonds before starting: a performance bond that protects the government if the prime fails to finish, and a payment bond that protects the subs and suppliers who do not get paid. The payment bond is the one you care about. The Miller Act is set out at 40 U.S.C. sections 3131 to 3134.
Not every federal job is bonded, because smaller contracts fall under the threshold, so confirm a bond exists at the very start of the project. Ask the prime for a copy of the payment bond before you begin work. If there is no bond and it is federal property, you have neither a lien nor a bond to claim against, which changes the whole risk of the job.
Who can claim on the federal bond
The Miller Act protects two tiers, and only two:
- First-tier claimants have a direct contract with the prime contractor. Subs and suppliers hired straight by the prime.
- Second-tier claimants supplied labor or materials to a first-tier subcontractor.
That is the end of the line. A third-tier party, a sub-sub-sub or a supplier who sold to another supplier, has no Miller Act rights at all. If you are that far down the chain on a federal job, you need other protection, like a personal guarantee or a joint check arrangement, because the bond will not reach you.
The federal deadlines, and the notice trap
Two federal deadlines drive a Miller Act claim, and in 2026 they are commonly cited as follows. Verify them against the statute before you rely on them, because a missed one is fatal.
- Second-tier claimants must give written notice to the prime contractor, commonly within 90 days of their last day furnishing labor or materials. First-tier claimants, who dealt directly with the prime, do not need this pre-suit notice. This notice must state the amount claimed with reasonable accuracy, name the party you furnished to, and be delivered a way you can prove, like certified mail or a process server. One trap: the notice has to be given after your last day of work, not before. A notice sent while you are still on the job does not count.
- The lawsuit to enforce the bond must be filed, commonly within one year of your last day of furnishing, in the federal district court where the project is located.
Courts apply these strictly. The notice and suit rules live at 40 U.S.C. section 3133.
State and local jobs: the Little Miller Acts
Every state has its own payment-bond law for state and local public works, usually called a Little Miller Act. The idea mirrors the federal one: a bond stands in for the property, and unpaid subs and suppliers claim against it. But the details are where they diverge hard. The dollar threshold that triggers the bond, who is protected, how many days you have to give notice, and how long you have to sue are all set by each state, and they do not match the federal numbers. Do not assume the 90-day and one-year federal figures apply to a city or state job. Get the actual thresholds and deadlines for your state from Working in Your State.
A related tool: the stop notice
On some jobs there is a second funds-based remedy called a stop notice, which tells the party holding the construction money, the lender on a private job or the public agency on a public one, to freeze the amount you claim out of the contractor's draw. It targets the money instead of the property or the bond. It is only available in a handful of states on private work, and the rules are narrow, so treat it as a possible extra rather than your main plan, and check whether your state offers it in Working in Your State.
The move on any public job
- At the start: confirm the job is bonded and get a copy of the payment bond. Note your tier, first or second, because it decides whether you owe the prime a notice.
- All the way through: keep signed delivery receipts, dated work logs, and copies of every invoice. Write down your last day on the job the moment it happens, because that date starts your clock.
- When payment goes bad: send your written notice to the prime within the deadline if you are a second-tier claimant, then file suit within the enforcement window if you still are not paid. On anything large or contested, bring in an attorney, because bond litigation has its own rules.
Common questions
Can I put a mechanic's lien on a public or government project?
No. Government property cannot be liened, so on public work you claim against the project's payment bond instead. The law requires the prime on a sizable public job to post a payment bond precisely because the lien remedy is off the table. Federal jobs run under the Miller Act; state and local jobs run under your state's Little Miller Act. Confirm the job is bonded and get a copy of the bond before you start.
What is the Miller Act?
It is the federal law, at 40 U.S.C. sections 3131 to 3134, that requires the prime contractor on a sizable federal construction job to post a payment bond protecting unpaid subs and suppliers. Because you cannot lien federal property, that bond is what you claim against when you are not paid. It protects two tiers only: parties who contracted directly with the prime, and parties who supplied a first-tier sub. Verify the current dollar threshold and deadlines against the statute.
How long do I have to file a bond claim on a public job?
On a federal Miller Act job in 2026 it is commonly cited as a 90-day notice for second-tier claimants and one year to sue, but verify against the statute, and state and local jobs use different deadlines entirely. Second-tier claimants must give the prime written notice, usually within 90 days of their last day, then sue within about a year. State Little Miller Act deadlines vary and do not match the federal numbers, so get yours from Working in Your State.
Who can make a claim against a payment bond?
On a federal job, only first-tier claimants who contracted directly with the prime, and second-tier claimants who supplied a first-tier subcontractor. A third-tier party has no Miller Act rights, so if you are that far down the chain you need other protection, like a personal guarantee or a joint check. State bond laws set their own list of protected parties, which can differ, so confirm your state's rule in Working in Your State.
What if there is no bond on the public job?
Then you may have neither a lien nor a bond to claim against, which is why you check for the bond before you start. Smaller public contracts can fall under the threshold that triggers the bond requirement, leaving you with only a breach-of-contract claim against whoever hired you. Ask the prime for a copy of the payment bond at the outset. If there is none, weigh that risk before taking the work, and consider a personal guarantee or joint check.
The honest bit
- The Miller Act figures here, the roughly 90-day second-tier notice and one-year suit deadline, and the dollar threshold that triggers the bond, are federal figures as commonly cited in 2026. Verify the current numbers against 40 U.S.C. sections 3131 to 3134 (and section 3133 for notice and suit) before you rely on them.
- State and local (Little Miller Act) thresholds, protected parties, and deadlines are set state by state and do not match the federal ones. Get yours from Working in Your State, and never assume the federal numbers carry over.
- This is general guidance, not legal advice. Bond claims and their deadlines are strictly enforced, so for a real claim, especially anything large or contested, talk to a construction attorney early.
Know someone who needs this?
Keep reading
Templates you might need
Was this guide useful?
Didn't find what you were looking for?
Spotted something wrong or out of date? Email us at hello@kilnguides.co.uk.
In crisis? 988 Suicide & Crisis Lifeline 988 ·