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Can I file a lien when property is owned by the US Government?

Texas

We performed work for a VA Campus and have not been paid. Can we file a lien when the property is owned by the USA?

2 replies

Jun 15, 2021
Short answer: No. The prime contractor should have posted a payment bond, and you would be required to make claim against the payment bond. The governing law would be the Miller Act. Retain a construction attorney to evaluate your legal position, and to provide advice. Good luck.
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Jun 15, 2021

Hello,

No, you may not file a lien when the property is owned by the US Government. However, you will need to follow the same steps as you would to file a lien in order to perfect against the payment bond that the Prime Contractor was required to have in order to obtain the contract.

And you are going to want to do that fast and soon.

E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com

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