Remember, the deadlines and Notice requirements are different depending upon whether you are initiating a claim for unpaid progress payments or unpaid withheld contractual retainage. To learn more about the deadlines and requirements to initiate a claim for unpaid contractual retainage, see “How Do I initiate a Payment Bond Claim for Unpaid Withheld Retainage?”
FIRST-TIER SUBCONTRACTORS/SUPPLIERS (those hired by the General Contractor): If you were hired by the Project General Contractor, then you must serve the Surety and the General Contractor with the Third Month Notice of Claim by no later than the 15th day of the third month, after each and every month that you provide labor and/or materials to the Project and have not been paid
Example
If you provided labor and/or materials in January and February and were not paid, then for the work done in January, you must serve the Third Month Notice of Claim by no later than April 15 (the third month). For the work done in February, you must serve the notice by no later than May 15 (the third month). In other words, you have to notify the Surety and the General Contractor each and every month payment has not been made, as opposed to just once at the end of the Project.
Inside Tip
In the above example, you could serve just one Notice (combining both months) as long as the Notice is sent before April 15th (which would be the 15th day of the third month for the work performed in January). Keep in mind you can always serve a Notice early (as long as payment is due), just don’t serve it late.
Warning
The deadline to serve a Notice is not extended if the 15th falls on a Sunday or legal holiday. Therefore, if your deadline falls on one of these days, you must serve the Notice on the preceding business day for it to be timely.
SECOND-TIER SUBCONTRACTORS/SUPPLIERS (those hired by a Subcontractor or Material Supplier): If you were hired by a Subcontractor or a Material Supplier, then you must serve two Notices (unless combined into one) to make a Claim against the Payment Bond. First, you must serve the Second Month Notice of Claim on the General Contractor (only) by the 15th day of the second month, for each and every month that you provide labor and materials to the Project and have not been paid. Additionally, like a First-Tier Subcontractor, you must also serve the Third Month Notice of Claim on the Surety and the General Contractor by the 15th day of the third month, for each and every month that you provide labor and/or materials to the Project and have not been paid. Do you have a question about the Notice deadline? 
Example
If you provided labor and/or materials in January and were not paid, then you must serve notice of the unpaid amount to the General Contractor by no later than March 15 (Second Month Notice of Claim) and again to the General Contractor and now the Surety by no later than April 15 (Third Month Notice of Claim). See the Inside Tip below for combining these notices into one Notice.
Inside Tip 1
You may combine the Second and Third Month Notices into one Notice if, and only if: (1) you include in the notice all of the same information required for the Third Month Notice of Claim; (2) you send the notice by the 15th day of the second month; and (3) you send the Notice to the Surety as well as the General Contractor.
Inside Tip 2
Although you are not required to serve the Governmental Entity or the Subcontractor who hired you with these Notices, you should consider doing so anyway. If they are aware of your Payment Bond Claim, sending the Notice to them may increase your odds of getting paid without having to file a Lawsuit to enforce payment under the Payment Bond.
Warning
The deadline to serve a Notice is not extended if the 15th falls on a Sunday or legal holiday. Therefore, if your deadline falls on one of these days, you must serve the Notice on the preceding business day for it to be timely.
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