Legal Question in Construction Law in California

Re: Why can't I file a mechanic's lien aginst public property?

First of all you haven't public project versus a private project. What legal advice did you get to begin with. Probably none which is why you are in eager trouble that you would have otherwise been ahead you gotten legal advice from a real estate attorney who deals in public works projects. What kind of Lien did you file??? I know of no such Lien available in the action of the city is not just knee jerk but absolutely necessary. Now to answer your question seek the aid of a very good real estate attorney expert in public works projects contracts and procedures to help you immediately. Let him/her give you alternatives as well as a game plan. I don't know this is your first public works project but if you continue this path it may be your last. Good luck!

Re: Why can't I file a mechanic's lien aginst public property?

You can't file a lien on public property because it wouldn't make sense to sell, say, city hall or Highway 92, to satisfy the needs of a subcontractor. Instead, contractors and subcontractors on public jobs are given two other sources of security that are, frankly, even better than a lien. I suggest you do both of the following: File a stop notice with the disbursing officer and make a claim against the payment bond. You can try to do this by yourself, but it becomes complicated quickly. But, above all else, don't delay. There are some tremendously short timelines in construction law.

Re: Why can't I file a mechanic's lien aginst public property?

You must prepare and serve a Stop Notice.