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Performance and Payment Bond Claims Attorney in Indianapolis, IN

On many construction projects, especially public ones, a mechanic’s lien isn’t available since a lien can’t attach to government-owned property. Performance and payment bonds fill that gap. A payment bond guarantees that subcontractors and suppliers will be paid even if the general contractor fails to pay them, while a performance bond guarantees that the project itself will be completed if the contractor defaults. Both are backed by a surety company that steps in when the contractor can’t or won’t perform.

Indiana’s public works statute, sometimes called Indiana’s Little Miller Act, generally requires payment and performance bonds on public construction projects above a certain size, similar to the federal Miller Act that applies to federal projects. Making a claim against a bond involves its own set of notice requirements and deadlines, which are often shorter and stricter than a typical breach of contract claim. Missing a bond claim deadline can mean losing access to what’s often the most reliable source of recovery on a public project.

At RileyCate, we help subcontractors and suppliers pursue payment bond claims when a general contractor fails to pay them, and we help owners and general contractors respond to performance bond claims when a project runs into trouble. Bond claims require careful attention to the specific bond language and the applicable notice requirements, since a technical misstep can jeopardize an otherwise valid claim.

Bond claims involve strict notice deadlines and technical requirements that leave little room for error, which is exactly where careful, trial-tested representation matters most. Will Riley and Russell Cate lead our bond claims team. Russell Cate is recognized as a Super Lawyer, and his civil litigation practice includes extensive business and construction dispute experience, with appellate work alongside Will Riley before the Indiana Court of Appeals and the Indiana Supreme Court that adds real depth in this area. Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects that same trial-tested approach.

Every matter we take on is personally overseen by Will and Russell, who staff it with the attorneys, associates, and staff it calls for based on its size and complexity, so your bond claim gets prompt, careful attention when deadlines are tight. We also offer alternatives to the standard billable hour for qualifying matters.

Why Choose Us

Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.

We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.

Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.

We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.

About RileyCate

A payment bond is a guarantee, backed by a surety company, that subcontractors and suppliers on a project will be paid even if the general contractor fails to pay them directly. It’s most commonly required on public projects, where a mechanic’s lien isn’t available because liens generally can’t attach to government-owned property. If you’re not paid, you can make a claim directly against the bond.
Indiana’s public works statute generally requires payment and performance bonds on public construction projects above a certain contract value, similar to the federal Miller Act that applies to federal projects. Private projects aren’t required to have bonds unless the owner or lender specifically requires one. Whether a bond exists on your project, and what it covers, is one of the first things worth confirming if you’re owed money or concerned about project completion.
Making a bond claim generally requires providing timely written notice to the general contractor and surety, followed by filing suit against the bond within the deadline set by Indiana’s public works statute if the claim isn’t resolved. These deadlines are often shorter and stricter than a standard contract claim, so acting quickly is important. An attorney can help you meet the specific notice and filing requirements that apply to your claim.
A performance bond guarantees that a construction project will be completed according to the contract terms, even if the original contractor defaults or fails to finish the work. If a contractor defaults, the project owner can make a claim against the bond, and the surety typically steps in to either complete the work or pay for it to be finished by another contractor. This protects owners from being left with an unfinished project and no recourse.
Deadlines vary depending on the type of bond and the specific project, but claims against public works bonds generally require prompt written notice and have a limited window for filing suit if the claim isn’t resolved voluntarily. These deadlines are often shorter than people expect, and missing them can mean losing access to the bond as a source of recovery. An attorney can confirm the specific deadlines that apply to your project as soon as possible.
A mechanic’s lien attaches to the property itself and is generally used on private projects, while a bond claim is made against a surety bond and is typically the remedy used on public projects where a lien isn’t available. Both aim to secure payment for unpaid work or materials, but they involve different notice requirements, deadlines, and procedures. Knowing which remedy applies to your project is one of the first things an attorney will help you determine.
Sureties sometimes dispute claims over technical issues like notice timing, the scope of work covered, or the amount owed, even when the underlying claim has merit. A denial isn’t necessarily the end of the road, since you can generally pursue the claim through litigation if the surety won’t pay voluntarily. An attorney can help you evaluate whether a denial is legitimate or worth challenging.

If you haven’t been paid on a bonded project, or a contractor has defaulted and you need to understand your options against a performance bond, don’t wait, since bond claim deadlines can be shorter than you’d expect. We offer a consultation to review your situation and the bond involved. Reach out to RileyCate today to speak with a bond claims attorney about your project.

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