Updated June 4, 2026 | All statutory references in this article reflect the Georgia Code, Title 36, Chapter 91 (2024 codification)
The Miller Act is a federal law that applies to federal public projects, requiring prime contractors to furnish payment bonds for the protection of subcontractors and suppliers. At the state level, Georgia has its own “Little Miller Act” under O.C.G.A. § 36-91-90 et seq. that governs public works payment bond claims.
Prime contractors are statutorily responsible for furnishing the payment bond on qualifying Georgia public projects. Subcontractors and suppliers are not directly responsible for filing the bond but are the parties most impacted when payment disputes arise. These lower-tier participants must comply with strict notice and timing requirements to preserve their bond claim rights.
This guide walks you through the process of serving a payment bond notice under Georgia’s Little Miller Act.
Who Can Serve a Payment Bond Notice in Georgia?
Under Georgia law, subcontractors, material suppliers, and other claimants who do not have a direct contract with the prime contractor may make a bond claim (O.C.G.A. § 36-91-92). Prime contractors cannot make claims against their own bonds.
Notice to Contractor in Georgia
If you do not have a direct contract with the prime contractor, you must serve a Notice to Contractor before making a bond claim. This notice is required unless the contractor fails to file a valid Notice of Commencement under O.C.G.A. § 36-91-92(d).
Best practice: Serve the Notice to Contractor regardless, even if a Notice of Commencement has not been filed. Missing this step when required will bar your right to make a claim.
When Is the Deadline for Serving the Georgia Bond Claim Notice?
The notice of claim must be served within 90 days of the claimant’s last day of furnishing labor or materials (O.C.G.A. § 36-91-92(a)).
A lawsuit to enforce the claim must be filed within 1 year from the date of project acceptance by the public authority (O.C.G.A. § 36-91-95). After this time, the bond claim is no longer enforceable.
How to Serve a Payment Bond Notice in Georgia
1. Request for Information at the Start of a Project
You may serve a Request for Information under O.C.G.A. § 36-91-92(b) to obtain:
- The name of the surety
- The address of the surety
- A copy of the payment bond
The prime contractor is required to respond. This ensures you know where and how to send your claim.
2. Prepare the Notice of Claim
The Georgia Little Miller Act requires that the notice:
- State the amount being claimed
- Identify the hiring party (the one you contracted with)
It is recommended to also include:
- The name of the prime contractor
- Your name and address
- The name of the public entity/owner
- A brief description of labor or materials furnished
3. Serve the Notice of Claim
You must serve the notice on the prime contractor within 90 days of last furnishing. Acceptable delivery methods include:
- Certified or registered mail
- Statutory overnight delivery
- Personal delivery
You may also send a copy to the surety, although the statute only requires service on the prime contractor.
4. Follow up With the Contractor and Surety
Following up ensures you know whether your claim is being processed or contested. If payment does not follow, prepare to enforce the claim in court.
Enforcing a Payment Bond Claim in Georgia
Bond claims under Georgia’s Little Miller Act are enforceable for 1 year after acceptance of the project by the public entity. If payment is not made, you must file a lawsuit against the bond within that time frame. Afterward, your rights expire.
Best Practices for Subcontractors and Suppliers in Georgia
- Serve a Request for Information early so you have the surety’s details on file.
- Always serve a Notice to Contractor if you don’t contract directly with the prime contractor, even if not strictly required.
- Track the 90-day deadline from your last furnishing to preserve your claim rights.
Calendar the 1-year enforcement deadline from project acceptance to avoid losing rights.