Why can an unpaid subcontractor NOT record a mechanics' lien against a completed public school building?
Explanation
A mechanics lien works only because the property can be sold at foreclosure to satisfy the debt; land held for public use cannot be sold that way, so the lien has nothing to attach to, and the legislature substituted the payment bond of Civil Code §9550 and the stop payment notice. Mechanics liens are alive and well on private work, so the first option is simply false. Subcontractors and suppliers, not just the direct contractor, hold lien rights on private jobs. And no dollar threshold bars liens: the $25,000 figure is the point at which a public works payment bond becomes compulsory.
Law Reference: Civil Code §8000; §9550This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
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