A payment bond claim must typically be filed within what time period after the claimant's last furnishing of labor or materials?
Correct Answer
D) One year
Payment bond claims typically must be filed within one year after the claimant's last furnishing of labor or materials, though this can vary by jurisdiction and specific bond terms.
Why This Is the Correct Answer
Under the federal Miller Act (and most state Little Miller Acts), claimants on payment bonds have one year from their last date of furnishing labor or materials to bring suit on the bond. This one-year period is the standard limitations period for payment bond claims on public construction projects.
Why the Other Options Are Wrong
Option A: 30 days
30 days is too short — this timeframe is associated with preliminary notice requirements (e.g., notifying the prime contractor of a claim) rather than the final deadline to file suit on a payment bond.
Option B: 90 days
90 days is a notice deadline, not the suit deadline. Under the Miller Act, claimants who have no direct contract with the prime contractor must provide written notice within 90 days of last furnishing. This is a prerequisite to filing — not the filing deadline itself.
Option C: 60 days
60 days is not a standard payment bond claim deadline. It appears in some mechanic's lien notice requirements but is not the applicable period for filing payment bond claims.
Memory Technique
Remember the Miller Act deadlines as a two-step sequence: 90 DAYS to give notice → 1 YEAR to file suit. Think '90 days to knock on the door, one year to sue in court.'
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