The City is requiring a high rise developer to re-pave the streets surrounding its project. The developer’s GC wants to hire my company to do the work. Since we are being hired not by the City but by the developer and we can’t lien public property, what can we do to protect ourselves against non-payment?
Is there a construction lender for the project? Either way, you MAY have stop payment notice rights with respect to the construction funds. It is also possible that you MAY have lien rights on the adjacent parcels of private property that are being benefitted by the street work. It is complicated and requires a fact-specific analysis so you may want to contact a construction lawyer to discuss in more detail.