Below are the bare minimum steps that must be completed in order to perfect a Public Payment Bond Claim.
When Hired by the Original Contractor
Step One: Serve the Surety and the Original Contractor with a Notice of Claim and a Sworn Statement of Account within the applicable statutory deadline.
Step Two: File a Lawsuit against the Surety and the Original Contractor to enforce payment under the Payment Bond if you have not been paid within the statutory deadline and before the deadline to file a Lawsuit passes.
When Hired by a Subcontractor, Material Supplier, or Vendor
Step One: If your contract allows for the withholding of contractual retainage, then you must serve the Original Contractor with a “Notice of Contractual Retainage” by no later than the 15th day of the second month from when you first provide labor, material, or equipment to the Project.
Step Two: Serve the Original Contractor with a “Second Month Notice of Claim” within the statutory deadline. Note that this step can be combined with Step 3 below.
Step Three: Serve the Surety and the Original Contractor with a Notice of Claim and a Sworn Statement of Account within the statutory deadline. If your claim is solely for unpaid retainage, then send a “Notice of Claim for Retainage.”
Step Four: File a Lawsuit against the Surety, the Original Contractor, and the contractor who hired you to enforce payment under the Payment Bond and for breach of contract if you have not been paid within the statutory deadline and before the deadline to file a Lawsuit passes.