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.