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Public School Lien Process

We were hired directly by a public school and we went to send a preliminary notice and found out that's not possible since we're technically the GC in this situation. We just want to make sure that we're not going to miss any timelines in case getting payment becomes a problem later on. Is there anything we should do to ensure payment?

17 replies

Jul 12, 2018

That's a great question, and there's a lot to unpack here. First, when a school is publicly owned, a school construction project will likely not give rise to lien rights. Instead, it will likely be considered a public construction project. On public jobs, the general contractor will typically not have many options in terms of payment security. Whereas lien rights will be available on private projects, public property may not be liened - so on public jobs, bond claims typically provide protection for claimants (on projects where bonding is required). Of course, bond claims only provide protection to claimants down the chain from the prime contractor (as the prime contractor will be the one securing the bond). This is all to say that, for public projects, prime contractors do not have much in the way of protection. This is done relatively intentionally since the public entity will (theoretically) always pay their bills. If payment isn't made, a claimant may ultimately sue the nonpaying public entity for nonpayment. In the event that the project is private and ultimately subject to lien, a prime contractor must provide certain notice to preserve their right to lien under § 779.02 if the prime contractor has contracted with - or will contract with - any subcontractors, suppliers, or service providers. The notice, if required should be either included with the owner or sent to the owner or their agent within 10 days of the first furnishing on the project.

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Sep 16, 2019

We are a subcontractor in southern California. We performed work at a public junior high school. The general contractor has not paid us for our services performed on the job and the GC has been paid. What can we do to get paid for our services rendered ? Thanks, Elvis

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Feb 7, 2023

That's a very weak answer from a construction lawyer below. You as a GC have many options to ensure payment from a school. 1). Send Notices of Non Payment to the school you are doing business with directly and to the School District it is in (yes those Notices are still important in making your case and determining liability as with any Jobsite owner). 2). If they don't respond with payment you can send out a Notice to "Cease work until you are paid" , you can also threaten to replevin your materials 3). If still nothing-you can Contact the "Commissioner of Education" (currently Mike Morath here in Texas) and advise of your situation 4). You can contact the Texas Education Association directly and advise of non payment. With 44 years of experience handling construction claims-I guarantee you have a 99% chance of getting paid following these directives. If all else fails, an email to the News Station about your plight and copying that Email to the school and school district will do it.

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Feb 15, 2023

We just want to make sure that we're not going to miss any timelines in case getting payment becomes a problem later on. Good word unscrambler

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Mar 27, 2023

I would recommend doing some research on the specific laws and regulations that apply to your situation. Each state has its own laws regarding construction contracts and payment, so it's important to know what you're dealing with. Additionally, it's important to communicate clearly with the school and any other parties involved in the project. Make sure everyone is aware of your role and responsibilities, and keep them updated on any changes or issues that arise. Finally, it's important to have confidence in your own opinions and beliefs. If you think something isn't right or you're not sure what to do, don't be afraid to speak up and ask for help. It's better to ask for clarification or guidance than to make a mistake that could cost you later on. I learned about exposing what I believe due to some essays written by academic experts. They showed me paper samples about my dream career and how to be myself. Therefore, our opinions are important to be said and respected. I want everyone to take into account that this I believe.

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Apr 4, 2023

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Jun 21, 2023

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Jul 20, 2023

If you are concerned about payment issues, you may want to consider getting a payment bond. This will give you extra protection sonic exe in case the school doesn't pay for your work.

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Aug 11, 2023

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