Find out why you should choose a law firm with experience See our accomplishments Learn more about our practice

Contact Our Office

Reach us by email

Send My Information

New York Construction Law - Notice to Surety

Suppose you are a contractor owed money on a publically owned job in New York. Do you know the law may require the general contractor to post a surety bond to pay you if you are not paid by your customer? We find our clients may not know this important fact.

Furthermore, New York State Finance Law Section 137 (3) requires that a claimant on a surety bond must provide written notice of its claim within 120 days from the date on which labor was last performed. Is this provision satisfied when a contractor visits the general contractor's office and leaves a copy of unpaid invoices? In a recent case where we represented the subcontractor/claimant, the United States District Court and the Second Circuit Court of Appeals found the notice provision was satisfied, thereby entitling our client to a substantial payment for services provided.

If you would like further details, please post your comments, or contact John Petriello at or call at (973) 862-8905.

Categories: Construction Law

Stay Connected

Ehrlich, Petriello, Gudin & Plaza, Attorneys at Law - Newark Attorney


60 Park Place, Suite 1016
Newark, NJ 07102
Click for directions [+]


89 Headquarters Plaza North, #1459
Morristown, New Jersey 07960-6834
Click for directions [+]

New York City

555 5th Avenue, 14th Floor
New York, New York 10017-3507
Click for directions [+]
View Map
Phone: (973) 828-0203 | Local Phone: (973) 643-0040.
© 2013 All rights reserved.
Attorney Web Design

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.