Updated Sept 2025 | All statutory references in this article reflect the Idaho Code, Title 54, Chapter 19 (2024 codification).
Filing a mechanics lien is the best remedy against non-payment in private construction. However, mechanics liens only work in private projects. If you are a construction participant in a publicly funded project, you must make a payment bond claim to recover your money.
Bond claims for Idaho public projects are governed by the Idaho Little Miller Act, not the federal Miller Act. In Idaho, subcontractors and suppliers who provide labor or materials to a public project may serve a notice so they can claim their unpaid payment through the bond posted by the general contractor.
This guide explains some of the most important pieces of information that you need to know about serving a Little Miller Act Notice in Idaho.
What Is an Idaho Little Miller Act Notice?
The Little Miller Act Notice is a document that you serve on the general contractor of a public project to recover your payment via the payment bond. This notice is your bond claim. When you serve this notice, you are letting the general contractor know that you are looking to receive your payment through the payment bond that they secured from a surety.
In Idaho, the payment bond furnished by the general contractor must be at least 85% of the contract price (Idaho Code § 54-1926). You may also serve the notice on the surety and the public entity, though the statute only requires service on the general contractor.
Who Can Serve a Little Miller Act Notice in Idaho?
Only those with a direct contract with a general contractor or a first-tier subcontractor may serve a notice in Idaho. This includes subcontractors and material suppliers up to the second tier (Idaho Code § 54-1928).
Anyone who does not have a contractual relationship with the GC or the subcontractor does not have payment bond rights in Idaho.
General contractors may not serve a notice on themselves. If they have unsettled payments, they can enforce their contract directly with the public entity.
When Do You Serve a Little Miller Act Notice in Idaho?
Be sure to serve the notice no later than 90 days after your last day of work or furnishing materials (Idaho Code § 54-1927). Missing this deadline forfeits your bond claim rights.
How to Serve a Little Miller Act Notice in Idaho
- Request for Information at the Beginning of a Project
Before you start working on a public project, serve a Request for Information on the general contractor to ask them for details about the surety. You want to request the following:- The name of the surety
- The address of the surety
- A copy of the payment bond
- It is important to secure a copy of the bond because it will include the payment bond terms.
You want to know the specific details about the payment bond because these details vary depending on the project. If there are any project-specific deadlines or terms, you will find them in the payment bond. - Prepare the Idaho Little Miller Act Notice Form
The notice must include two important pieces of information:- The amount of the claim
- The name of the party who hired you
- For completion, you may also include:
- Your name and address
- The name and address of the general contractor
- The name and address of the surety
- A description of the services you provided
- A description of the project location
- The total amount of your services
- The amount of payment that you have already received
- The date of your last day of work
- Idaho law does not require the notice to be notarized.
- Serve the Little Miller Act Notice
Once your notice form is ready, you should serve it on the general contractor via certified or registered mail (Idaho Code § 54-1927). Note that you have a 90-day deadline after your last day of work to serve this notice.
It is best practice to serve the notice not only on the general contractor but also on the surety and the public entity who contracted the project. They may step in to expedite the payment process, which means you could get paid quicker if you communicate your payment bond claim to the surety and the public entity. - Follow Up With the Surety
After serving the notice in Idaho, be sure to follow up with the surety and also the general contractor to ask about the status of your claim.
Bond claims under Idaho’s Little Miller Act may only be enforced through a lawsuit filed within 1 year after the last date of furnishing (Idaho Code § 54-1931). If you do not receive your payment within this 1-year period, your claim expires and it is no longer enforceable.
Within that period, you may file a lawsuit against the GC and the surety to enforce your claim. Even though a lawsuit may be costly, it may be worth pursuing, especially if your Idaho payment bond claim is for a significant amount.
Best Practices for Serving a Little Miller Act Notice in Idaho
- Send a Request for Information at the Beginning of a Project
As soon as you execute a contract for a public project, serve a request for information on the general contractor asking for a copy of the payment bond and the contact details of the surety. You need these data in order to successfully serve a valid notice in Idaho. - Serve a Copy of the Notice on the Surety and the Public Entity
The statute only requires service on the general contractor. However, serving a copy of the bond claim on the surety and the public entity can get you paid faster. If more parties know about your payment claim, more parties could be willing to make sure that your payment rights are respected.
Ensure That You Include Important Details in Your Notice Form
While there is no statutory form, the notice must always include the name of the party who hired you and the amount of payment that you are trying to claim. Make sure that these two important details are included, as well as other information that can give more context to your payment claim.