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I Thought I Could Just File a Lien

Public projects generally follow different remedies than private mechanics liens.

Because publicly owned property does not generally appreciate surprise mechanics liens.

One of the most common public project assumptions is:

“We did the work. We didn’t get paid. Let’s file a lien.”

On public projects, that is usually not how payment protection works.

Because publicly owned property is generally not subject to traditional mechanics lien remedies, payment protection often shifts to bond claim rights instead.

Why This Confuses People

From the contractor’s perspective, the problem looks familiar:

work happened
invoices went unpaid
payment stalled

Reasonable conclusion?

“Sounds like a lien issue.”

But public projects often follow entirely different payment protection rules.

The Better Question

Instead of asking:

“Can I lien this?”

Ask:

“What payment protection remedy applies to this project?”

That answer may depend on:

  • project ownership
  • bond availability
  • claimant tier
  • notice requirements
  • timing

The Practical Takeaway

Public project payment issues are not automatically dead ends.

They just often require a different workflow than private construction payment disputes.

← Back to Bond Claims & Public Project Payment Rights