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7 min read

How to Get Payment Bond Information on a Federal Project

Kristin Alford May 27, 2026

Mechanic's Liens & Bond Claims Bond Claim Credit Basics
How to Get Payment Bond Information on a Federal Project

Key Federal Payment Bond Rights and Requirements

On federal construction projects, the Miller Act payment bond is the primary path to recovery for unpaid subcontractors and suppliers. Federal law gives them a direct right to request bond information from the contracting officer.

Key Details to Know:

  • Why the Payment Bond Matters: Federal property can't be liened, so the Miller Act payment bond is the primary recovery mechanism for unpaid subcontractors and suppliers.
  • The Miller Act and Its Deadlines: Bond claims must be served within 90 days of last furnishing, and suit must be filed within one year.
  • Construction Contract Threshold: The Miller Act statute sets the threshold at $100,000, but FAR 28.102-1 sets the operative threshold at $150,000.
  • Your Right to Bond Information: Under FAR 28.106-6, subcontractors and suppliers can request the surety's name and address, the penal sum, and a copy of the bond directly from the contracting officer.
  • Request the Bond Early: Asking for bond information at the start of the project is faster and easier than after a dispute begins.

On a federal construction project, the payment bond is your primary protection if you're not paid. Unlike private jobs, where you can file a mechanic's lien against the property, federal government property isn't subject to liens. The payment bond, required under the Miller Act on most federal construction contracts, is where your recovery rights live. To file a bond claim, you need to know who issued the bond and how to reach the surety. That means you need a copy of the bond.

The problem is that general contractors don't always hand it over willingly, especially once a payment dispute has started. What many subcontractors and suppliers don't know is that they have a direct legal right to request payment bond information from the federal government itself, without going through the GC at all. That right has been in federal law for decades. It just isn't widely known or exercised. 

 

Why the Payment Bond Matters on Federal Jobs

On private construction projects, an unpaid subcontractor or supplier can file a mechanic's lien against the property to put pressure on the owner and secure payment. That remedy doesn't exist on federal projects. Government property can't be liened. 

Miller Act Rights Depend on Bond Information

The Miller Act fills that gap. Under 40 U.S.C. §§ 3131–3134, prime contractors on federal construction contracts are required to obtain a payment bond. First and second-tier claimants are covered; those further down the supply chain generally aren't. For a full breakdown of who qualifies, see our article on the Miller Act.

To file a claim against that bond, you need to know who the surety is and what the bond covers. Without that information, your Miller Act rights exist on paper but may be difficult to exercise in practice.

A Note on the Contract Threshold

The federal construction contract bond requirements threshold isn't a single number, and you'll see different figures cited depending on the source. The Miller Act statute itself sets the threshold at contracts exceeding $100,000. However, the Federal Acquisition Regulation (FAR), which implements the Miller Act in practice, sets the operative threshold at $150,000 for construction contracts. For contracts between $35,000 and $150,000, the FAR requires alternative payment protections in place of a full payment bond. If you're working on a federal construction contract in that range, it's worth confirming what payment protection is in place, as it may not be a traditional payment bond. When in doubt, contact us and we can help you sort out what applies to your project. 

 

Your Right to Request Payment Bond Information Directly

Here's what a lot of subcontractors and suppliers don't realize: you don't need the general contractor's cooperation to get this information.

Federal law, specifically FAR 28.106-6, requires the federal contracting officer to provide payment bond information directly to subcontractors and suppliers upon request. You can request any of the following:

  • The name and address of the surety or sureties on the payment bond
  • The penal amount of the payment bond
  • A copy of the payment bond itself

The request can be made orally or in writing, and the contracting officer is required to respond promptly. Prospective subcontractors and suppliers, not just those already working on the project, are also permitted to request this information.

Separately, under 40 U.S.C. § 3133, any person who has supplied labor or materials on a federal project and hasn't been paid, or who is being sued on the bond, may request a certified copy of the bond directly from the contracting agency. This avenue requires an affidavit confirming your role on the project.

Some subcontractors are told they need to submit a Freedom of Information Act (FOIA) request to access the bond. That's not correct. FOIA is a separate mechanism and a much slower one. Your direct right under FAR 28.106-6 and 40 U.S.C. § 3133 exists independent of FOIA and should be your first step. 

 

How to Get a Payment Bond Copy

Whether you're requesting the bond proactively at the start of a project or tracking it down after a dispute has started, the process is straightforward.

Step 1: Identify The Federal Contracting Officer

The contracting officer is the federal agency representative responsible for administering the contract. If you didn't receive this information when you signed your subcontract or received your purchase order, you can find it through SAM.gov by searching for the prime contract.

Step 2: Submit Your Request

A written request is advisable. It creates a record and is more likely to receive a timely response than a phone call. Include the project name, the prime contract number if you have it, and a clear statement of what you're requesting: surety name and address, penal amount, and/or a copy of the bond.

Step 3: Be Prepared to Pay a Fee for a Certified Copy

If you need a certified copy of the bond, the agency may charge a reasonable preparation fee. This is standard and permitted under the statute. It's not a reason to delay your request.

Step 4: Follow Up

Federal agencies are required to respond promptly, but "promptly" isn't defined by a specific number of days. If you don't receive a response within a reasonable time, follow up in writing and keep a record of all communications.

 

Miller Act Deadlines: Don't Wait

If you're on a federal project and payment has stopped, time matters. Under the Miller Act:

  • A bond claim must be served on the prime contractor within 90 days of your last date of furnishing labor or materials
  • Suit to enforce the bond claim must be filed within one year of your last date of furnishing

Missing either deadline can eliminate your recovery rights entirely. One court case we covered illustrates exactly how costly that can be: a claimant lost an $8 million claim by serving its bond claim notice one day late.

If you don't have a copy of the bond and payment has stopped, don't wait to request it. Start the process immediately.

 

What Qualifies as a Federal Project

Not every project that involves federal funding is a federal project for Miller Act purposes. Project type is determined by ownership, not funding source. If the U.S. government owns the property and is the contracting party, the Miller Act applies. If a federally funded project is privately or state-owned, different rules apply. This distinction matters because it determines whether you have Miller Act bond claim rights or whether mechanic's lien rights may be available instead. For more on this, see our article Federally Funded Does Not Mean Federal Project.

 

NCS Can Help

NCS Credit has worked with subcontractors and suppliers on federal construction projects for more than 50 years. We provide payment bond investigation services to help locate bond information, and we prepare and serve Miller Act bond claims on your behalf to make sure every deadline is met and every requirement is satisfied.

If you have questions about your rights on a federal project, contact us.

 

Frequently Asked Questions

 

 

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