I need to put a lien on a job but i did a public works mechanics lien instead of a private one. Can i still proceed with filing? The work was done on a apartment building
Oct 31, 2017
There are a couple of points to consider here.
1) If the work was actually a public work of improvement rather than private, the remedy is not a mechanics lien, but rather a claim against the payment bond, or a stop notice as to the project funds. Publicly owned property cannot be liened, so most such projects are required to have a payment bond furnished by the GC to protect the other project participants against nonpayment.
2) An apartment building could be a public improvement if it was owned by something like the city's housing authority, but most apartment buildings are private projects. It may be worth taking a look at the owner of the property to help determine whether the project is actually public in nature.