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Can I file a mechanics lien on a public school project

TexasBond ClaimsPayment BondRecovery OptionsRight to Lien

Can I file a mechanics lien on a public school project or is my only recourse with the school district and general contractor to file a claim on the bond?

2 replies

May 18, 2020
Jobs at public schools typically aren't subject to mechanics liens because mechanics lien claims are generally unavailable on publicly owned land. Instead, payment bond claims or liens against the project funds will be more appropriate. Of course, before those claims become necessary, other recovery options - like sending public monthly notices, payment demand letters, or Notices of Intent - could be effective, first. For more information on claims against TX public projects, the resources below should be useful: - Texas Bond Claim Guide and FAQs - How to Make a Texas Payment Bond Claim
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Feb 28, 2023

In general, mechanics lien laws only apply to private construction projects, and not to public projects such as public school projects. This is because public projects are typically owned by government entities and are subject to different legal requirements and protections. Instead of a mechanics lien, you may need to file a claim against the payment bond for the project. On the other hand I would say this is free essays about ethical dilemma; because I am a law school student and this is dealt with from many aspects. Most public construction projects require a payment bond to be posted, which provides a source of payment for subcontractors and suppliers who are not paid by the general contractor. You can file a claim against this bond to seek payment for any unpaid work or materials. The specific requirements and procedures for filing a claim against a payment bond can vary depending on the state and local laws where the project is located. It's important to consult with an attorney or a knowledgeable professional in your area to understand your options and the best course of action for your situation. 

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