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What Job type to select?

I have a project at DFW International Airport that I need help determining the type of project to select. The project is for the DFW Operation and Emergency Center located at 2400 Aviation Dr, Dallas, TX. My customer is the subcontractor, the GC was hired by the DFW International Airport Board for the project. Also, I'm having issues with obtaining the copy of the bond for this project. How would I go about getting that for an airport project if the Sub & GC will not provide?

2 replies

Nov 19, 2019

Determining whether a job is considered a public or private work can be tricky at times. And, as you likely know, it can have a great impact on how recovery can be made. Generally, the most sound way to determine whether a job is considered public or private is to identify who owns the project. If the project property is owned by a public entity, then it is likely considered a public work and the land would not be subject to a mechanics lien from someone working on the job. But, if the land is privately owned, then it'd likely be considered a private work and the land would likely be subject to mechanics lien rights. Unfortunately, there are some grey areas with P3 projects and when the funding for the project happens to run counter to the property ownership. But, ultimately, when land is owned by a public agency - that land will not be subject to lien. Hopefully, then, that means payment bonds will be present on the job to secure payment for subs and suppliers.

Obtaining a copy of the project's payment bond

Unfortunately, it's pretty common for a Texas general contractor to be hesitant to share their bonding information. Luckily, though, there are alternative ways to obtain the bond. Under Sec. 2253.026 of Texas' Little Miller Act, the public agency must furnish a copy of the payment bond to any project participant who requests it. Upon that request, the public agency must provide (1) a copy of the payment bond, (2) the public work contract for which the bond was given, and (3) a toll-free phone number for the Texas Department of Insurance where information can be obtained about the project's surety. So, where a contractor or subcontractor has not been helpful in obtaining a copy of the project's payment bond, reaching out to the public entity for that information should be helpful. You can download a template for that request here: Texas Request for Payment Bond Information (Statutory) Form.

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