Insurance & LiensQuestion 577 of 690

On a California public works project, a second-tier supplier was not paid by the subcontractor. Because no mechanics' lien can attach to public property, the supplier's primary recovery vehicle is generally:

a.A claim against the prime contractor's payment bond required for the public works contract
b.A mechanics' lien recorded directly against the public building
c.A claim against the CSLB's contractor license bond
d.A claim against the architect's E&O insurance

Explanation

On California public works of $25,000 or more, the prime contractor must furnish a payment bond. Civil Code §9100 lists those entitled to make claims on that bond, including subcontractors, laborers, and suppliers down the chain. The bond, not a lien on the public property, is the principal source of recovery.

Law Reference: Civil Code §9100

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