We published a blog series on mechanic lien laws for the material supplier in January, and are following it up this month with a new focus: state and county construction projects or public works.
Regardless of whether work is being performed on a private, state or federal project, folks in the construction industry commonly believe they have a “lien right.” The sentiment, however, is only half true.
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As we will explore in the blog series, the remedies available to a construction project participant can vary greatly depending on the nature of the construction project. Whenever working on a private project, job participants can typically file a traditional mechanic’s lien. However, when working on a state or county project, the mechanic’s lien remedy isn’t available, but in it’s place is a “bond claim” remedy.
Commonly understood as a “lien claim,” the remedy works a lot differently in both concept and practice.
In the past, since this blog focuses on mechanics lien and bond claim remedies on all types of construction projects, we’ve touched on this here at the Construction Payment Blog. See, for example, these illustrative posts:
FAQ: Can I Lien A State or Federal Project?
FAQ: What Type Of Construction Project Is This? State, Federal or Private?
Stay tuned over the next few weeks as we explore state and county construction projects from every angle, and educate you on the bond claim remedies available to construction participants. We’ll discuss how to use these bond claim rights effectively, the traps for the inexperienced, and the legal nuances that may leave us scratching our head.