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Claim against bond

MarylandBond Claims

I need to file a Claim against a bond on a School Project in Maryland. I cannot seem to find the Maryland Little Milller Act Claim Form.

2 replies

Nov 30, 2020

The Maryland LIttle Miller Act isn't very instructive when it comes to the actual bond claim form. But there is some guidance under Md. Code, State Fin. & Proc. §17-108(b)(2). Under this statute, the notice (bond claim) shall:

  • State with substantial accuracy the amount claimed and the person to whom the labor or material was supplied; and
  • Be sent by certified mail to the contractor at the contractor's residence or a place where the contractor has an office or does business.

That's it! However, a couple other pieces of identifying information would be useful, such as the project address and a brief description of the labor and materials provided. Also, although not required, it's a good idea to send the claim to the surety who issued the bond as well as the general contractor.

Here are some resources you may find helpful:

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Dec 1, 2020

There is no specific claim form under Maryland's Little Miller Act. There is a notice requirement for sub-subcontractors or any claimant who does not have a direct contract with the bond principal, to provide notice to the bond principal (usually the gc) of its intent to claim against the bond within 90 days of last furnishing labor or materials to the job. The notice must provide, with reasonably accuracy, the amount claimed to be due.

If you do not have a copy of the bond, you should ask the school's procurement or contracting officer for a copy of it. We regularly asssit clients in both obtaining a copy of the bond on jobs they have supplied labor or materials to, and making claims against those bonds.  

You may contact me directly if you would like to retain my firm.

Good luck!

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