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What if the public entity does not pay. What recourse does the GC have? Bond Claim or Lien?

Maryland

We've been awarded several contracts for public projects for construction at county owned schools. Wondering if I need to file a notice to owner / notice of furnishing in the case of non-payment and needing to make a claim or if there is some other resource we would have against the county.

2 replies

May 8, 2023

Cogratulations on the award of these contracts! It s not clear from your question if you are the prime contractor, ie, you bid and were selected by the owner for the job, or if you are a subcontractor, working for the prime/general contractor. Regardless, Maryland does not have any pre-furnishment notice requirements for lien or bond claims (note, that a mechanic's lien cannot be had against a publc entity, including the county school board). If you are unpaid for your work, your next course(s) of action would depend on whether you werethe prime contractor, or a subcontractor to the prime contractor. But either way, rest assured strong remedies do exist!  

Please feel free to reach out privatly to further discuss. You may email me at joe@joekatzlaw.com

Good luck! 

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May 8, 2023

We are the prime contractor. Is there a bond to claim against since we wouldn't be able to lien or would the remedy just be stated in the prime contract between the public entity and the GC or possibly something else?

And thank you for letting me know there are no preliminary notice requirements and that public entities cannot be liend. This was helpful.

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