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Bond Claim - Public Project

Michigan

I am a material supplier (HVAC duct work) to a subcontractor (mechanical installer) on a public school project. At the start of the project, a preliminary notice was sent to the public school and the GC. My customer has chosen not to pay me, so I issued a bond claim on the project. Do I even have the right to file a lien claim against the school? Either way, Levelset allowed me to file this, so I did. At this point, I still have not received payment from anyone. What can I do to force payment?

2 replies

May 15, 2023

You cannot lien public property. You have a contract claim, against the general contractor, and a bond claim, against the bonding company. Hire an attorney and pursue those claims.

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May 15, 2023

I agre with Attorney Olson.. Construction liens do not attach to public property so the lien woudl be void (even if you attempt to file one) -- this fact is a reason there was a bond in the first place.. its a performance bond to ensure the project is completed AND to ensure the subcontractors and suppliers get paid because they do not have lien rights. You need to take your documentation to a knowledgeable construction attorney to review in detail and possibly file a lawsuit against the contractor you supplied the materials, and the bonding company if they continue to refuse to pay.   

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