New Jersey’s Little Miller Act protects subcontractors and suppliers working on public works projects. The state law requires that contractors obtain payment and performance bonds to contract with the state.
Payment bonds are financial guarantees created to protect subcontractors and material suppliers that work on public projects if they are not paid properly. In New Jersey, first- and second-tier subcontractors and suppliers have a right to file a claim against a payment bond. Performance bonds ensure the principal contractor completes the project to the specification second-tier in its government contract.
If you are an unpaid subcontractor or a material supplier, National Lien & Bond can manage your Little Miller Act claim in New Jersey.
Who Can Make a Claim for Payment Under in New Jersey?
In New Jersey, the requirement for a payment bond may be waived in certain circumstances. For contracts with the state of New Jersey, the bond requirement can be waived if the contract does not exceed $200,000. If a school district or other contracting unit is the contracting authority, the contracting entity can waive the bond requirement if the contract does not exceed $100,000.
As a subcontractor or supplier without a direct contract with the contractor furnishing the bond, you must take specific steps to preserve your right to make a Little Miller claim. To be considered a bond beneficiary, you must provide written notice with proof of delivery before commencing any work. If you notify the contractor after beginning work, any potential benefit will be based on the date of notice.
Any beneficiary has one year from the last date upon which work was performed or materials delivered to give the bond sureties a statement of the amount due.
Filing an Enforcement Lawsuit
To file an enforcement lawsuit, claimants must navigate two separate timing requirements. A lawsuit cannot be filed until 90 days after the claimant provides the sureties and contractor with a statement of the amount due. Additionally, an enforcement lawsuit cannot be filed later than one year from the last date work was performed work or materials delivered.
National Lien & Bond Can Help
You’ve done the work. You’ve supplied the required materials. Now, it is time to be paid.
If you have a Miller Act Claim in New Jersey, National Lien & Bond can help. Our experienced construction attorneys can manage your Little Miller claims in New Jersey. We have obtained over $9 billion in claims on over 25,000 projects nationwide, and we can help you receive the payments you have earned and deserve.
Contact National Lien & Bond by phone at (800)432-7799 or online to schedule a consultation.
Frequently Asked Questions
What is the New Jersey Little Miller Act?
The New Jersey Little Miller Act (N.J.S.A. 2A:44-143 to 2A:44-147) is the state's public-works payment bond statute, modeled on the federal Miller Act (40 U.S.C. §§ 3131-3134). Because mechanics liens cannot attach to publicly-owned property in New Jersey, the legislature requires the prime contractor on every New Jersey public construction project over the statutory threshold to post a payment bond before commencing work. The bond protects unpaid subcontractors, suppliers, and laborers — they can sue the surety directly on the bond if they go unpaid. National Lien & Bond pursues Little Miller Act bond claims for unpaid contractors on New Jersey public works.
Who can recover under the New Jersey Little Miller Act?
Under N.J.S.A. 2A:44-145, every person who furnishes labor or materials to a New Jersey public construction project — and who has a direct contractual relationship with the prime contractor or a first-tier subcontractor — may recover on the prime contractor's payment bond. This includes first-tier subcontractors, second-tier sub-subcontractors, material suppliers, equipment lessors, and laborers. Third-tier and more remote claimants are typically barred from bond recovery (a federal Miller Act parallel). If your only contractual relationship is with a third-tier or lower sub, your bond rights may be limited — consult New Jersey counsel immediately.
What is the deadline to file a New Jersey Little Miller Act claim?
Under N.J.S.A. 2A:44-145, sub-tier claimants must serve written notice on the prime contractor and surety within 90 days after the date the claimant last furnished labor or materials to the project. The notice must state the amount claimed and the name of the party to whom the labor or materials were furnished. Suit on the bond must then be commenced within one year of the date of last furnishing. Both deadlines are strict — late notice or late suit bars recovery on the bond. Direct contractors with the public owner can recover without serving the 90-day notice but must still file suit within one year.
How do I find the payment bond on a New Jersey public works project?
New Jersey public agencies are required to make payment bonds available for inspection by potential claimants. Submit a written request to the contracting agency (the awarding public body) identifying the project and asking for a copy of the prime contractor's payment bond. The bond will identify the surety company, bond amount, and prime contractor — all required information for the 90-day notice. Many New Jersey claimants miss the 90-day deadline because they cannot identify the surety in time. Practical recommendation: request the bond as soon as you start work, not when you have a payment dispute. National Lien & Bond can help you locate New Jersey public works payment bonds.
Can I recover attorney's fees under the New Jersey Little Miller Act?
Attorney's fees are not automatically recoverable under N.J.S.A. 2A:44-145 — New Jersey follows the American Rule absent a fee-shifting statute or contract provision. However, the subcontract or supply agreement between the claimant and its customer may contain a fee-shifting clause that is enforceable against the surety as part of the underlying obligation. New Jersey's Prompt Payment Act (N.J.S.A. 2A:30A-1 et seq.) also provides fee-shifting against owners and prime contractors who pay late on public works. National Lien & Bond pursues fee-shifting under contract and Prompt Payment Act remedies where available.
How does a New Jersey Little Miller Act claim compare to a federal Miller Act claim?
The New Jersey Little Miller Act (N.J.S.A. 2A:44-143 et seq.) covers New Jersey state and municipal public works projects. The federal Miller Act (40 U.S.C. §§ 3131-3134) covers FEDERAL public works projects worth over $150,000 — federal courthouses, military bases, VA hospitals, etc. The two are mutually exclusive — a project is either federal or state, never both. The deadline structure is similar: 90-day notice for sub-tier claimants, one-year suit deadline. National Lien & Bond pursues both Little Miller Act and federal Miller Act bond claims for unpaid contractors on public construction projects.
What happens if the New Jersey prime contractor failed to post a payment bond?
If the New Jersey prime contractor failed to post the statutorily required payment bond on a public works project, unpaid sub-tier claimants may have a direct claim against the public owner under N.J.S.A. 2A:44-147 for failure to enforce the bond requirement. The public owner has the obligation to require the bond before work commences — failure to do so can shift the financial risk back to the agency. This is a powerful but rarely-used remedy. New Jersey counsel can evaluate whether the public agency complied with the bond-enforcement obligation. National Lien & Bond's network attorneys handle these claims.
How does National Lien & Bond help unpaid contractors with New Jersey Little Miller Act claims?
National Lien & Bond pursues New Jersey Little Miller Act payment bond claims for unpaid contractors, subcontractors, suppliers, and equipment lessors. For Illinois-based engagements, Hal Emalfarb's firm at Emalfarb Swan and Bain coordinates the strategic approach. For New Jersey-jurisdiction matters, NLB connects claimants with vetted New Jersey construction-payment attorneys who handle the 90-day notice service, bond identification, and bond foreclosure suit under N.J.S.A. 2A:44-143 et seq. NLB's 50-state deadline-tracking system prevents the missed-90-day and missed-one-year deadlines that cause most Little Miller Act losses. Contact NLB for a free initial consultation.