Rhode Island Payment Bond Claim — The 90-Day Remote-Claimant Notice, the $50,000 Bond Threshold and the Two-Year Suit Clock (R.I. Gen. Laws ch. 37-12, 2026)
✓ Verified against Rhode Island statutes · Reviewed November 2026 · By Michael Evan — Founder · 50 states · 799 rules
Rhode Island mechanics lien deadlines at a glance
Preliminary Notice
10 days — Notice of Intent
Mechanics Lien
200 days — From last date of furnishing
Enforcement
40 days — From filing
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Why a Rhode Island Public Job Runs on a Bond
On private work in Rhode Island, an unpaid sub or supplier perfects its lien with a notice of intention within 200 days and then has only 40 days to start the enforcement action, as covered in the Rhode Island mechanics lien notice guide . A Providence school renovation, a URI building in Kingston, a Warwick wastewater upgrade or a RIDOT bridge on Route 95 is different. Public property cannot be sold to pay a contractor’s bills, so the notice of intention does not reach it. The protection is the payment bond the public owner takes from the prime. Rhode Island’s Little Miller Act is chapter 37-12 of the General Laws, “Contractors’ Bonds” , paired with § 37-13-14 in the public works chapter. Section 37-12-1 sets the bond, § 37-12-2 sets who may sue and the notice rule, § 37-12-3 names the court, and § 37-12-5 sets the suit deadline. The structure closely tracks the federal Miller Act, with one large difference: Rhode Island gives claimants two years to sue, not one. The Mechanics Lien Management Method treats every Rhode Island public job as one calendar anchored to your last day of labor, material or equipment. The 90-day notice, the 90-day waiting period and the two-year suit bar all count from that date, so recording it accurately matters more than anything else in the file.
The Bond: Two Statutes, One Practical Rule
Two provisions require the bond, and they overlap. Two practical points follow. First, the bond may be only half the contract price, so on a troubled job the penal sum can run out. Second, a waived MBE or WBE contract may have no bond behind it. Ask the awarding authority what security was furnished before you extend credit, not after the prime stops paying.
The 90-Day Notice: Remote Claimants Only, to the Contractor Only
Section 37-12-2 splits claimants into two groups. A sub or supplier with a contract directly with the bonded contractor owes no notice. A claimant with a direct contract with a subcontractor , and no contractual relationship, express or implied, with the contractor that furnished the bond, has a right of action on the bond only after giving the contractor written notice within 90 days of its last labor, material or equipment. The typical remote claimant is a supplier selling to a sub, such as an electrical distributor supplying an electrical sub on a Cranston school, or an equipment rental house leasing a lift to a steel erector on a Pawtucket bridge. The statute counts the 90 days from the claimant’s own last delivery or day of work, so calendar from your own delivery tickets and timesheets, not from the prime’s schedule.
The 90-Day Wait, the Two-Year Bar and the Court
Under § 37-12-2, any person who performed labor or furnished labor, material or equipment in the prosecution of the work and has not been paid in full before 90 days have passed after its last furnishing may sue on the payment bond for the unpaid balance and prosecute the action to final judgment. That waiting period applies to first-tier and remote claimants alike. Under § 37-12-5, no suit may be commenced after two years from the day of the claimant’s last labor, material or equipment, or the maximum time limit in the payment bond, whichever is longer . Read the bond form. If the surety’s form allows more time, the longer period governs; if it allows less, the two-year statutory floor still applies. Section 37-12-3 makes the remedy a civil action in the Superior Court for the counties of Providence and Bristol . In any suit on the bond, the State’s rights come first, including wage penalties under § 37-13-14.1(b). Laborers come next, ahead of all other creditors, and there is no priority among laborers or among the other creditors. On a short bond, that order matters. If the dates are unclear or the claim is large, take the file to a Rhode Island construction attorney rather than guess.
Getting Certified Copies of the Bond and Contract
You need the surety’s name and the bond number to sue. Under § 37-12-8, a person claiming to be a creditor under the bond that has filed a claim with the respective department in accordance with § 37-12-2 may, at any time it could sue or intervene, require that department to furnish certified copies of the contract, proposal, plans, specifications and bond . Before you reach that stage, ask the awarding authority for the bond as a public record, and ask the prime for a copy in writing. The request costs little and tells you whether a bond was furnished at all, what its penal sum is, and whether its own time limit is longer than two years.
Every Rhode Island Public-Project Deadline in One Table
The Mechanics Lien Management State System calendars the 90-day remote notice, the 90-day waiting period and the two-year suit bar from the last-furnishing date you enter. Private-work rules are on the Rhode Island lien statutes page, and the calculator is on the Rhode Island mechanics lien hub . Work at Naval Station Newport, the Naval Undersea Warfare Center Division Newport and the Providence VA Medical Center runs under the federal Miller Act. The mechanics lien vs. bond claim page compares the systems. The notice rules match: both use a 90-day remote-claimant notice to the prime. The suit clocks do not. Federal suit is due one year after last furnishing; Rhode Island allows two.
Request the Bond, Send the Notice, Sue on Time
Rhode Island Public Works Workflow Confirm the contract is over $50,000 and get a copy of the bond. If your customer is a subcontractor, send the 90-day notice to the prime by certified mail. Sue after 90 days unpaid and within two years of your last labor, material or equipment, in Superior Court. Pair it with these resources: Because the claim may end in a suit against the surety, connect early with a Rhode Island construction attorney through the Mechanics Lien Management network, or request a formal attorney review of the claim file.
Every Rhode Island Clock Starts on Your Last Day
The Mechanics Lien Management deadline calculator tracks the 90-day notice, the 90-day wait and the two-year suit bar on every Rhode Island public job. Miss the deadline and you lose your claim rights entirely.
Frequently Asked Questions
What is the deadline for a Rhode Island payment bond claim notice?
Ninety days from the date the claimant furnished or performed the last of its labor, or furnished or supplied the last of its material or equipment. Under R.I. Gen. Laws § 37-12-2, a claimant with a direct contract with a subcontractor, but no express or implied contract with the contractor that furnished the payment bond, has a right of action on the bond only after giving that contractor written notice within the window, stating with substantial accuracy the amount claimed and the name of the party it supplied or worked for.
Does a first-tier subcontractor have to send a Rhode Island bond notice?
No. The § 37-12-2 notice applies only to remote claimants, meaning those in contract with a subcontractor and not with the bonded contractor. A subcontractor or supplier hired directly by the prime owes no statutory notice. It must still wait until 90 days pass unpaid after its last labor, material or equipment before suing, and it must sue within the § 37-12-5 period.
How is the Rhode Island bond notice delivered?
By certified mail, postage prepaid, in an envelope addressed to the contractor at any place it maintains an office, conducts its business, or at its residence (R.I. Gen. Laws § 37-12-2). The statute names only the contractor. It does not require notice to the surety or the awarding authority, although copying both costs little and helps if the prime stops responding.
When is the deadline to sue on a Rhode Island public works payment bond?
Two years after the day on which the claimant last furnished or performed labor or furnished or supplied material or equipment, or the maximum time limit stated in the payment bond itself, whichever period is longer (R.I. Gen. Laws § 37-12-5). Suit cannot start until 90 days have passed unpaid after that last day. The action is a civil action in the Superior Court for the counties of Providence and Bristol (§ 37-12-3).
Which Rhode Island public contracts require a payment bond?
Under R.I. Gen. Laws § 37-13-14, the State and any city, town, agency or committee awarding a public works contract priced over $50,000 must require a bond conditioned on performance and on payment for labor and material, with the terms of chapter 37-12, and waiver of that requirement is expressly prohibited. Section 37-12-1 separately requires a bond of 50% to 100% of the contract price on Department of Transportation road and bridge contracts over $150,000 and on Department of Administration public building contracts, and lets the chief purchasing officer waive bonding for a certified MBE or WBE firm on work up to $250,000.
How do I get a copy of the bond on a Rhode Island public project?
Under R.I. Gen. Laws § 37-12-8, a person claiming to be a creditor under the bond that has filed a claim with the respective department in accordance with § 37-12-2 may, at any time it could sue or intervene, require that department to furnish certified copies of the contract, proposal, plans, specifications and bond. Before you have a claim on file, ask the awarding authority for the bond as a public record.
Can I file a mechanics lien on a Rhode Island school or town project instead?
No. The chapter 34-28 notice of intention and mechanics lien are private-property remedies, and they do not attach to public land. On a state, city, town or school project, the security is the contractor's bond under chapter 37-12. Federal work, such as at Naval Station Newport or the Providence VA Medical Center, runs under the federal Miller Act instead.