Public WorksQuestion 592 of 690

A material supplier on a $400,000 California public works project has not been paid by the subcontractor that ordered the materials. To recover from the payment bond required by Civil Code §9550, the supplier should:

a.File a mechanics' lien against the public building
b.Sue the awarding body directly for breach of contract
c.Wait for the state controller to issue a refund
d.Make a written claim on the prime contractor's statutory payment bond within the time allowed by law

Explanation

Mechanics' liens cannot attach to public property. Civil Code §9550 requires the prime contractor on public works over $25,000 to furnish a payment bond protecting laborers and material suppliers, who recover unpaid sums by making a timely written claim on that bond.

Law Reference: Civil Code §9550

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