Is a Mechanic’s Lien remedy available on Public works?
A Mechanic’s Lien may not be recorded against a Public Work of improvement. Instead the law makes available two alternative remedies, the Stop Notice and the Public Works Payment Bond. i. Stop Notice For Public Work With a Stop Notice a public entity is required to withhold funds which would otherwise have been made payable to the contractor or those claiming under the contractor. Like a Mechanic’s Lien, a preliminary 20 day notice is required and the Stop Notice must be timely filed. To be effective, the Stop Notice must be served 30 days after the recording of a Notice of Completion or if No Notice of Completion has been recorded then no later than 90 days after completion. Once the Stop Notice has been timely filed a lawsuit must be commenced if payment is not forthcoming. The action must commence no sooner than 10 days after service of the Stop notice and no later than 90 days following the expiration of the time during which the Stop Notices could be served. ii. Payment Bond for P
