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What can be filed to prevent a general contractor from bonding around a mechanics lien?

CaliforniaMechanics Lien

I am a subcontractor on a job that was completed in April of 2022. I have not been paid my final payment and so I had to file a mechanics lien. Now the general contractor text me today and tells me that he will just bond around my lien. Can I file something to prevent him from bonding around my lien until I am paid in full?

3 replies

Jul 28, 2022

Bonding around the lien is actually good for you because now you know there is actually money to access. It is set aside by the bonding company, which can be better than winning a judgment against people who may not be able to pay.

You would still file essentially the same complaint, except that you include the bonding company in the suit and make a claim on the bond.

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Jul 28, 2022

When you say "file the complaint", is that a lawsuit or ? 

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Jul 28, 2022

Yes exactly, you have to file a lawsuit to enforce either a lien or to get paid on the release bond. If they have bonded around the lien then they are also signaling that you are not likely to get paid unless you file the enforcement lawsuit. 

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