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:
Explanation
§9550(a) requires a direct contractor awarded a public works contract involving an expenditure in excess of $25,000 to give a payment bond before work commences, and §9100(a) names who may claim on it: anyone who provided work authorised by the direct contractor, a subcontractor, the architect, the project manager or another person having charge of part of the contract, plus laborers — which reaches a second-tier supplier. §9100(b) carves out the single party that may not claim, the direct contractor itself. (b) is the reason the bond exists: public property is not subject to a mechanics lien, so there is nothing to record against. (c) borrows the wrong bond — the §7071.6 licence bond answers to the beneficiaries §7071.5 lists, and an unpaid supplier reaches it only through the willful-violation or fraud door. (d) picks a professional liability policy, which covers the architect's own negligence rather than unpaid invoices. The other route §9100(a) opens is a stop payment notice to the public entity.
Law Reference: Civil Code §9550(a); §9100(a)-(b); Bus. & Prof. Code §7071.5This 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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