New Hampshire Payment Bond Claim — The 90-Day Statement of Claim After Completion and Acceptance, Where to File It and the One-Year Petition (RSA 447:16-18, 2026)
✓ Verified against New Hampshire statutes · Reviewed November 2026 · By Michael Evan — Founder · 50 states · 799 rules
New Hampshire mechanics lien deadlines at a glance
Preliminary Notice
None — N/A
Mechanics Lien
120 days — From last date of furnishing
Enforcement
1 year — From attachment
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Why a New Hampshire Public Job Runs on a Bond
On private work in New Hampshire, an unpaid sub or supplier has a lien that lasts 120 days after its last work and is secured by attaching the property, as covered in the New Hampshire mechanics lien notice guide . A Manchester school renovation, a UNH building in Durham, a Nashua water project or a state highway bridge is different. Public property cannot be attached and sold to pay a contractor’s bills. The protection is the security the public body takes from the prime before it signs the contract. New Hampshire’s Little Miller Act sits in the public works subdivision of the mechanic’s lien chapter: RSA 447:16 requires the security, 447:17 sets the filing rule and 447:18 sets the petition deadline. It departs from the federal Miller Act model in three ways. There is no first-tier exemption. The claim is filed with a public office , not mailed to the prime. And the 90-day window opens at the owner’s completion and acceptance of the project, not at the claimant’s last day. The Mechanics Lien Management Method treats every New Hampshire public job as two calendars. The filing window depends on the owner’s acceptance date, which you have to find out. The petition deadline depends on the date you filed, which you control.
The Security: $75,000 State, $125,000 Local, 100% of the Price
Under RSA 447:16, officers, public boards, agents or other persons who contract on behalf of the State or a political subdivision for the construction, repair or rebuilding of public buildings, public highways, bridges or other public works must obtain security if the contract involves an expenditure of $75,000 on behalf of the State or $125,000 on behalf of a political subdivision . They may require it on smaller contracts. The security is a condition precedent to executing the contract. On a town job under $125,000, ask whether the selectboard or school board required security anyway. If it did not, there may be nothing to claim against, and the decision to extend credit should reflect that.
The Statement of Claim: Every Claimant, 90 Days After Acceptance
Under RSA 447:17, to obtain the benefit of the bond, any person, firm or corporation with a claim for labor performed or for materials, machinery, tools or equipment furnished must file a statement of the claim within 90 days after the completion and acceptance of the project by the contracting party . The filing office then mails a copy to the principal and surety. The statute does not prescribe what the statement must contain or require it to be sworn. Because the later petition must show compliance with RSA 447:17, the conservative practice is to state the claimant, the party it contracted with, the project and contract, the labor or materials furnished, the dates, and the amount due, and to keep a file-stamped copy. The trigger is the contracting party’s acceptance of the whole project. On a long job a subcontractor that finished early has many months; on a job that closes out quickly the window can be short. Nothing in RSA 447:17 forbids filing before acceptance, but the statute counts from acceptance, so get the acceptance date in writing from the public body.
The One-Year Petition in Superior Court
Under RSA 447:18, the claimant must, within one year after filing the claim , file a petition in the superior court for the county where the contract is principally performed , either to enforce its claim or to intervene in a petition another claimant has already filed. A copy goes to the principal and surety, along with any further notice the court orders. Because the court sorts out every claim against the same security in one hearing, a claimant who misses the 90-day filing can find itself shut out while others are paid. If the acceptance date is disputed or the petition deadline is close, take the file to a New Hampshire construction attorney rather than guess.
Every New Hampshire Public-Project Deadline in One Table
The Mechanics Lien Management State System calendars the 90-day filing window from the acceptance date you enter and the one-year petition deadline from your filing date. Private-work rules are on the New Hampshire lien statutes page, and the calculator is on the New Hampshire mechanics lien hub . Federal work, including Pease Air National Guard Base and the Manchester VA Medical Center, runs under the federal Miller Act. The mechanics lien vs. bond claim page compares the systems. The federal clock counts from the claimant’s own last furnishing and excuses first-tier claimants from notice, so a Seacoast sub working on both state and federal jobs needs two different calendars.
Find the Contracting Party, File the Claim, Petition on Time
New Hampshire Public Works Workflow Identify who let the contract and whether security was required. Get the completion-and-acceptance date in writing. File the statement of claim in the correct office within 90 days of acceptance and keep the stamped copy. Petition the county superior court within one year after the filing date. Pair it with these resources: Because the claim ends in a superior court petition against the security, connect early with a New Hampshire construction attorney through the Mechanics Lien Management network, or request a formal attorney review of the claim file.
Your Filing Clock Starts at Acceptance
The Mechanics Lien Management deadline calculator tracks the 90-day filing window and the one-year petition deadline on every New Hampshire public job. Miss the deadline and you lose your claim rights entirely.
Frequently Asked Questions
What is the deadline for a New Hampshire public works bond claim?
Ninety days after the completion and acceptance of the project by the contracting party. Under RSA 447:17, a person with a claim for labor performed or for materials, machinery, tools or equipment furnished must file a statement of the claim within that window to obtain the benefit of the bond. The clock runs from the public owner's acceptance of the whole project, not from the claimant's last day of work.
Where do I file a New Hampshire bond claim?
It depends on who let the contract (RSA 447:17). On a State contract, file with the Secretary of State, or with the Department of Transportation or the Department of Administrative Services if the State contracted through that department. On a town, city, county or school district contract, file with the clerk of the superior court for the county where the contract is principally performed. The office where the claim is filed mails a copy to the principal and the surety.
Does a first-tier subcontractor have to file a New Hampshire bond claim?
Yes. Unlike the federal Miller Act and most Little Miller Acts, RSA 447:17 has no carve-out for claimants in direct contract with the prime. Any person, firm or corporation with a claim for labor, materials, machinery, tools or equipment must file the statement of claim within 90 days after completion and acceptance to obtain the benefit of the bond.
When is the deadline to sue on a New Hampshire public works bond?
Within one year after filing the claim. Under RSA 447:18, the claimant files a petition in the superior court for the county where the contract is principally performed, either to enforce its claim or to intervene in a petition already filed, with a copy to the principal and surety. The petition must allege the claim, the execution and delivery of the bond, and the facts showing the claim was filed on time under RSA 447:17.
Which New Hampshire public contracts require a bond?
Contracts for the construction, repair or rebuilding of public buildings, public highways, bridges or other public works involving an expenditure of $75,000 on behalf of the State or $125,000 on behalf of a political subdivision (RSA 447:16). The security, by bond or otherwise, must equal at least 100 percent of the contract price, or of the estimated cost if no aggregate price is agreed. Below those amounts the contracting body may require security but does not have to.
What does the New Hampshire public works bond cover?
Under RSA 447:16 it is conditioned on payment by the contractors and subcontractors for all labor performed or furnished, all equipment hired including trucks, all material used, and fuels, lubricants, power, tools, hardware and supplies purchased by the principal and used on the contract, plus labor and parts furnished on the contractor's order to repair equipment used on the job.
Can I attach a New Hampshire school or town building instead of filing a bond claim?
No. The RSA chapter 447 mechanic's lien, secured by attachment of the property, is a private-property remedy that does not reach public property. On a state, county, town or school district project the security is the bond required by RSA 447:16. Federal work, such as at Pease Air National Guard Base in Newington or the Portsmouth Naval Shipyard across the river in Kittery, Maine, runs under the federal Miller Act.