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How can I protect material shipped on a non-prelienable job, i.e. work done in goverment/public easements

California

I am a material suppleir of underground dry utilities materials. we have this issue with Fiber, telecomm work being done on public easements that are not pre-lienable. What can we doto collect from subcontractors if the Contractors don't require Releases from their subs, and subs dont pay when paid?

3 replies

Oct 19, 2021
I think you have been misled. You can send a Preliminary Notice on work done on public easements, and you can record a lien against the property benefited by the improvement.
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Oct 19, 2021

Thank you so much for your input, David.

What is the benefit of recording a lien against property own by the State of California, or a City or County? The Easements are "public land" (under sidewalks, along roadways, I was once told that the installation of underground utilities on public easements does not "improve the land" that the material is installed in/on? Is that not correct?

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Oct 20, 2021
If this was a public works project, the service of a preliminary notice would provide you with the right to assert a stop payment notice, and it would also give you the right to make a claim against the payment bond. I assume from your question that this is a private project, where, as part of the requirements for development, there was work performed in a public street, or similar kind of "non-private" area. Even though the work was done on public property, you can record a mechanics lien against the private property that was benefited by the public improvement.
 
I suggest you retain a lawyer to assist you with this matter.
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