Public WorksQuestion 1601 of 1605

A subcontractor on a public works project is not paid. To make a claim on the prime contractor's payment bond, the subcontractor generally must:

a.Do nothing; payment is automatic
b.Obtain the public agency's permission to be paid
c.Record a mechanics lien against the public building
d.Give any required statutory notice and file the bond claim within the applicable time limits

Explanation

Because public property cannot be liened, an unpaid sub pursues the payment bond. The claimant must give any required preliminary/statutory notice and file suit on the bond within the applicable limitations period. Timely notice and filing are essential to recover on the bond.

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Reviewed by Abraham Chen Licensed California General Contractor (CSLB License #1101856 verify)
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