For subcontractors and suppliers working on federal construction projects, one of the most frustrating hurdles to getting paid is not having access to the payment bond. You’ve done the work, delivered the materials, and now the general contractor is refusing to provide you with a copy of the payment bond.
This problem is more common than it should be. While the Miller Act guarantees your right to make a claim against the payment bond, your ability to do so hinges on having a copy of that bond. And yet, many subcontractors find themselves stonewalled, especially when the relationship with the general contractor has soured, the exact time when you are most likely to want to file a claim.
Why the Bond Matters
Under the Miller Act (40 U.S.C. §§ 3131–3134), prime contractors on federal projects over $100,000 are required to post a payment bond to ensure that subcontractors and suppliers are paid. This bond is your safety net. If the prime contractor fails to pay, the bond is your legal recourse.
But you can’t make a claim if you don’t know who issued the bond or how to contact the surety.
In a well-functioning relationship, the general contractor will provide the bond upon request. But when tensions rise or payments are delayed, some contractors refuse to share it, hoping to stall or discourage claims. That’s not how the system is supposed to work.
Pro tip: Ask for the bond at the beginning of the project. It’s much easier to get cooperation when everyone’s still smiling and believing the project will come in early and under budget.
You Have a Legal Right to the Bond
Fortunately, if the general contractor is refusing to provide a copy of the payment bond, federal law is on your side.[1] Specifically, 40 U.S.C. § 3133(b) states:
“The department secretary or agency head of the contracting agency shall furnish a certified copy of a payment bond and the contract for which it was given to any person applying for a copy who submits an affidavit that the person has supplied labor or material for work described in the contract and payment for the work has not been made or that the person is being sued on the bond.”
FAR Just Made It Easier
The Federal Acquisition Regulation (FAR 28.106-6) reinforces this, and thanks to a recent amendment effective August 7, 2025, the federal government has made it even easier for subcontractors and suppliers to obtain payment bond information. The updated regulation now:
- Clarifies that you can request the bond information orally or in writing.
- Requires contracting officers to respond promptly, and they may do so orally or in writing.
- Allows prospective and existing subcontractors and suppliers to request:
- The name and address of the surety.
- The penal amount of the bond.
- A copy of the bond itself.
Put simply, you don’t need to rely on the general contractor. You may request the bond directly from the federal contracting officer, who is expected to provide it upon request.
Some subcontractors are told they need to file a Freedom of Information Act (FOIA) request to get the bond. That’s unnecessary. The Miller Act and FAR make it clear: you have a direct right to the bond, and the contracting officer should provide it upon request.
How to Request the Bond
- Identify the Contracting Officer – Find out which federal agency awarded the contract and the name of the contracting officer. The internet is your friend here if you did not receive this information when you signed your subcontract. Check the Federal Procurement Data System and/or SAM.gov.
- Submit a Formal Request – Oral requests are now specifically permitted, but a written request may be more appropriate if time-sensitive.
- Pay Fees if Necessary – if you need a certified copy of the bond, then pay the reasonable costs of preparation as determined by the agency.
- Follow Up – If needed, follow up to ensure your request is processed.
Accessing the payment bond shouldn’t be a battle. With the recent changes to the FAR, the federal government has made it easier for subcontractors and suppliers to protect themselves. If you are a valued customer and have questions about our experience with Miller Act claims or navigating the bond process, don’t hesitate to reach out.
[1] Importantly, several states have adopted provisions in their own “Little Miller Act” statutes, including Texas, Florida, and North Carolina, which require public agencies to furnish a copy of the payment bond upon request. Even in states without explicit language, public records laws often provide a viable path to access.