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Can we file a lien on a High School

California

Hi my name is Cesar Cortez and I have a couple of questions. We did some work for a general contractors call Hamel Contracting and the project is located over a in Orange County El Modena high school and we haven't got paid for six months. Is there any advise that you guys can give us so we can file for either a performance bond or some caind lien on the property if we can I know when it comes to government property we cannot put a lien on it but I'm just trying to figure out which way should I go by getting pay? Like I said it's been six months but anyway, if you can give me advice or any guidance, I really appreciate it. Thank you again my name is Cesar.

2 replies

Nov 22, 2022

Because of the principle of sovereign immunity, a mechanic's lien may not be recorded against a public/government project. However, there are remedies available. The law imposes a ten percent interest penalty on public construction projects to dissuade non-payment on these contracts. And, you may present a stop notice and/or file an action on a public works payment bond. The payment bond stands in place of a mechanic's lien. Like a mechanic's lien, the timeline is very short. I recommend you make your claim promptly, and you may want to consult with an attorney to ensure any claims are made correctly.

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Nov 23, 2022
You can’t lien a public project. But you can file a Stop Payment Notice and a claim against the GC’s payment bond. I’m happy to answer any questions you have about this.
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