Public vs. private jobs in California
You can't lien a school. Here's how to tell what kind of project you're on — and which payment remedy actually protects you.
Every California payment remedy is keyed to who owns the job site. Serve the right documents for the wrong project type and you may have no protection at all — a mechanics lien recorded against a public school is void, and a stop notice sent on a private custom home does nothing. Sort the project first; everything else follows.
Step 1: Who owns the site?
- Private person or company → private work. Your remedies: preliminary notice, mechanics lien, intent to lien letter.
- City, county, school district, special district, or state agency → California public work. Your remedies: public-works preliminary notice, stop payment notice, payment bond claim.
- Federal agency (military base, VA hospital, GSA building, national park) → federal work. Your remedy: Miller Act payment bond claim.
Follow the property owner, not the funding. A privately owned project that receives public money is generally still a private work — and a city-owned building is public even if a private developer is running the job.
Private works: the lien track
Serve a preliminary notice within 20 days of first furnishing (Cal. Civ. Code § 8204), track your deadline, and if you aren’t paid, record a mechanics lien (§§ 8410–8424). The lien attaches to the real property itself — that’s the leverage.
California public works: the stop notice + bond track
Public property can’t be liened, so the legislature gave you two substitutes:
- Stop payment notice(§§ 9350–9364) — freezes construction funds still in the public entity’s hands, so the money stops flowing to the GC until your claim is addressed.
- Payment bond claim (§ 9560) — public works contracts over $25,000 require the direct contractor to post a payment bond (§ 9550); unpaid subs and suppliers can recover from the surety.
Both generally require the public-works preliminary notice (§ 9300) from claimants who don’t contract directly with the GC — same 20-day habit as private work.
Federal projects: the Miller Act
On federal construction contracts, the prime contractor posts a payment bond under the Miller Act (40 U.S.C. § 3131). Subs and suppliers without a direct contract with the prime must give the prime written notice within 90 days of last furnishing; suit on the bond runs in federal court. No preliminary notice, no lien, no stop notice — the bond is the whole remedy.
Same discipline, different paperwork
Whatever the project type, the playbook is identical: send the right notice early, watch the deadline, escalate promptly if payment stalls. Notice Harbor handles all three tracks for California job sites — preliminary notices and mechanics liens on private work, stop notices and bond claims on public work, and Miller Act claims on federal jobs.
Frequently asked questions
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Private, public, or federal — covered
Notice Harbor files preliminary notices, mechanics liens, stop notices, bond claims, and Miller Act claims for California job sites. Your first notice is free.
Start your free noticeThis page is general information, not legal advice, and does not create an attorney–client relationship. California lien and notice deadlines are strict and fact-specific — “completion” alone can be triggered by actual completion, the owner’s occupancy or use, or a 60-day cessation of labor. Notice Harbor is not a law firm. Confirm any deadline that matters to your claim with a licensed California construction attorney.