Public WorksQuestion 487 of 690
Why can an unpaid subcontractor NOT record a mechanics' lien against a completed public school building?
a.Mechanics' liens expired in California decades ago
b.Public property cannot be sold to satisfy a private lien, so liens cannot attach to it
c.Only the prime contractor is allowed to record a lien on any project
d.Liens are barred on any project that exceeds $25,000
Explanation
A mechanics' lien works by allowing a forced sale of the property to satisfy the debt. Because public property is held for public use and cannot be sold off to pay a private claim, liens cannot attach to it — which is why the law instead provides payment bonds and stop payment notices on public works.
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