You cannot put a mechanics lien on government-owned property in the United States. Federal, state, and most municipal properties are immune from private liens under the doctrine of sovereign immunity — meaning a subcontractor cannot cloud the government's title or force a foreclosure sale the way you can on a private job. Instead, Congress and every state legislature have created a substitute remedy: the payment bond claim. On federal construction contracts exceeding $150,000, the prime contractor is required by law to obtain a payment bond under the Miller Act (40 U.S.C. § 3131–3134), and subcontractors who go unpaid have a direct right to sue on that bond. Every state has a parallel statute — commonly called a Little Miller Act — with its own bond thresholds, deadlines, and notice requirements. Missing those deadlines forfeits your claim entirely.
Are Government-Owned Properties Exempt from Mechanics Liens?
Yes — government-owned properties are exempt from mechanics liens in every U.S. jurisdiction, though the legal basis and the substitute remedy differ by level of government and state. The exemption is not a loophole or a policy preference; it is a structural feature of how sovereign immunity works. The government cannot have its property seized or encumbered by a private creditor's lien without its explicit consent, and no state has consented to mechanics liens on public land.
This matters practically because the instinct of most subcontractors is the same on every job: send a preliminary notice, do the work, file a lien if you don't get paid. On a private commercial or residential project, that sequence works. On a public works project — a school, a highway interchange, a water treatment plant, a federal courthouse — the lien half of that sequence is unavailable from the start. The substitute remedy is a claim against the payment bond, and your right to make that claim depends entirely on whether you followed the correct pre-claim notice steps on the correct timeline.
What Is the Miller Act and Who Does It Protect on Federal Projects?
The Miller Act requires the prime contractor on any federal construction contract exceeding $150,000 to furnish both a performance bond and a payment bond before work begins, under 40 U.S.C. § 3131. The payment bond protects subcontractors and suppliers who would otherwise have no recourse if the prime contractor fails to pay them, since they cannot lien the federal property itself.
Who can make a Miller Act claim:
- First-tier subcontractors: any sub who has a direct contract with the prime contractor.
- Second-tier subcontractors and suppliers: any party who furnished labor or materials to a first-tier subcontractor.
- Third-tier and beyond: generally not covered. 40 U.S.C. § 3133(b)(2) limits protection to parties who gave written notice to the prime contractor within 90 days of the date they last furnished labor or materials.
The critical notice rule for second-tier claimants: If you do not have a direct contract with the prime, you must give the prime contractor written notice within 90 days of the day you last performed work or delivered materials, under 40 U.S.C. § 3133(b)(2). That notice must state the amount claimed and the party for whom the work was performed. First-tier subs with direct contracts with the prime are not required to give this pre-suit notice, but they must still file suit within the statute of limitations period.
Suit deadline: A Miller Act civil action must be brought no earlier than 90 days and no later than one year after the claimant last furnished labor or materials, per 40 U.S.C. § 3133(b)(4). File in the U.S. District Court for the district where the contract was performed.
What Are Little Miller Acts and How Do They Work on State and Local Projects?
Every state has enacted its own version of the Miller Act — commonly called a Little Miller Act — that applies to state, county, and municipal construction contracts. The structure mirrors the federal law: the prime contractor must obtain a payment bond, and unpaid subs and suppliers have the right to make a claim on that bond instead of filing a mechanics lien.
However, the details vary significantly by state. Four states where LienFlash currently operates illustrate how different these rules can be:
California (Public Contract Code § 9550 et seq.): On public works projects, prime contractors must obtain a payment bond for contracts over $25,000. Claimants who do not have a direct contract with the prime must give written notice to the prime contractor within 20 days of first furnishing labor or materials. The deadline to bring a civil action on the bond is six months after the period in which stop payment notice claims can be presented, which itself runs from the date of completion, cessation, or recordation of acceptance, depending on the project type. California also permits a stop payment notice as an additional remedy on public works — a mechanism that does not exist on federal projects.
Texas (Gov't Code § 2253 et seq.): Texas requires payment bonds on state agency contracts over $25,000 and on local government contracts over $50,000 under certain conditions. Second-tier claimants must give the prime contractor written notice of their claim within 90 days of the last day of the month in which the labor or materials were furnished. Third-tier claimants generally are not protected. The deadline to sue on the bond is one year from the date the work was completed or abandoned.
Florida (Fla. Stat. § 255.05): Florida requires a payment bond on public construction contracts exceeding $200,000 for state agencies. Before bringing a civil action on the bond, a claimant must provide written notice of the claim to the contractor and the surety within 90 days after the final furnishing of labor, services, or materials. The suit must be filed within one year of the performance of the labor or completion of delivery of materials or supplies. Critically, Florida also requires that anyone filing a claim under § 255.05 must be served a copy of the bond or told where to obtain it — the statute creates an obligation on the contractor to make the bond available.
Washington (RCW 39.08 et seq.): Washington requires a payment bond on public works contracts. Claimants who furnished labor or materials to a subcontractor (not directly to the prime) must give written notice of their claim to the prime contractor and the public agency within 10 days after the first delivery of materials or the first day of performing labor, under RCW 39.08.065. That 10-day notice deadline is one of the strictest in the country and is frequently missed by suppliers who aren't tracking it. The limitation period to bring suit on the bond is four months after the final acceptance of the public works contract, per RCW 39.08.030.
The table below summarizes the bond thresholds and second-tier notice deadlines covered above:
| State | Bond Required Above | Second-Tier Notice Deadline |
|---|---|---|
| Federal (Miller Act) | $150,000 | 90 days from last furnishing |
| California | $25,000 | 20 days from first furnishing |
| Texas | $25,000–$50,000 | 90 days from last day of the month furnished |
| Florida | $200,000 | 90 days from last furnishing |
| Washington | Varies by contract type | 10 days from first furnishing |
Is There Any Situation Where a Lien CAN Attach to Government-Related Property?
In narrow circumstances, the answer is yes — but those situations require careful analysis of who actually owns the property and whether sovereign immunity applies.
Privately owned land on a public project: If the government is leasing private land rather than owning it, lien rights against the private landowner's interest may still exist depending on state law. This requires a fact-specific analysis of the ownership structure and the contract terms.
Public-private partnerships (P3s): On P3 projects, the legal structure sometimes involves private entities holding title during construction. Whether a lien can attach depends on the specific agreement and the state's treatment of P3 ownership interests. This is not a uniform national rule — it is a jurisdiction-by-jurisdiction and project-by-project question requiring legal counsel.
Leasehold interests: Some states allow liens to attach to a government-granted leasehold interest held by a private party, even when the underlying land is government-owned. California, for example, has addressed leasehold liens in specific statutory contexts.
The bottom line: do not assume a lien is available just because a private entity has some contractual relationship with the government project. If the property is government-owned and sovereign immunity applies, your remedy is the bond claim — not the lien.
How Do You Actually File a Bond Claim on a Government Job?
Filing a bond claim on a public works project requires four things: identifying the bond, giving proper pre-claim notice if required, quantifying your claim correctly, and suing within the statutory deadline.
Step 1 — Get a copy of the bond. You are entitled to a copy of the payment bond on most public projects. In Florida, Fla. Stat. § 255.05 explicitly requires the contractor to record the bond with the county clerk before beginning work, which makes it a public record. In California, the bond is typically available from the public agency. At the federal level, you can request it from the contracting agency or the prime contractor directly.
Step 2 — Identify your tier. Your pre-claim notice obligation, if any, depends entirely on whether you have a direct contract with the prime or are a lower-tier party. Confirm this before you do anything else.
Step 3 — Send the required pre-claim notice. Use the specific form, delivery method, and deadline the statute requires. Certified Mail with return receipt or another trackable delivery method is standard practice because you may need to prove delivery in litigation.
Step 4 — Quantify your claim. Your claim amount should reflect unpaid invoices for labor, materials, and equipment actually furnished to the project — not overhead, lost profits, or amounts not yet due.
Step 5 — File suit before the deadline. The suit deadline is a hard cutoff. Unlike some preliminary notice rules, there is no late-filing cure for a missed bond claim suit deadline.
According to Rabbet's 2024 Construction Payments Report, 82% of contractors face payment waits of over 30 days, up from 49% just two years earlier. On public works jobs, where bond claims are your only remedy, waiting too long to act is a direct path to losing your right to recover at all.
How to Recover Unpaid Wages on a Public Works Project
If you are a subcontractor, supplier, or worker on a federally funded public works project, two additional federal statutes may apply beyond the Miller Act.
The Davis-Bacon Act requires that workers on federally funded or federally assisted construction contracts over $2,000 be paid locally prevailing wages and fringe benefits, as determined by the U.S. Department of Labor. A contractor or subcontractor who underpays workers on a covered project can face contract termination, debarment, and liability for back wages.
The Copeland Anti-Kickback Act prohibits contractors from requiring employees to kick back any part of their wages on federally funded projects.
Workers who believe they have been underpaid on a covered project can file a complaint with the U.S. Department of Labor, Wage and Hour Division. This is a separate process from a Miller Act bond claim, and the two remedies can run concurrently.
At the state level, prevailing wage laws vary. California's prevailing wage law (Labor Code § 1720 et seq.) is one of the most expansive in the country and covers a broad range of public works. Texas takes a more limited approach. Always verify which prevailing wage rules apply before pricing or starting a public works job.
Use the tool below to verify the notice and claim deadlines for the states where you work before you start any public project.
How Public Works Projects Differ From Private Jobs for Subcontractors
On a private job, the preliminary notice is the critical document that preserves your lien rights. On a public works job, the preliminary notice (or its equivalent pre-claim notice) preserves your bond claim rights — the function is the same but the legal mechanism is entirely different.
According to Rabbet's 2024 Construction Payments Report, slow payments cost the U.S. construction industry an estimated $280 billion in 2024, adding roughly 14% to total construction spending. Public works jobs are not immune from this problem. Government agencies, like private owners, can dispute invoices, withhold retainage, or delay final payment while the prime contractor floats the cost downstream to subs.
The difference is that on a private job, an unpaid sub can file a mechanics lien and potentially force a sale of the property to recover. On a public works job, your leverage is the bond claim — and that leverage disappears entirely if you miss the pre-claim notice deadline.
Here is a side-by-side comparison:
| Factor | Private Project | Public Works Project |
|---|---|---|
| Mechanics lien available | Yes | No |
| Payment bond required | Depends on state/contract | Usually yes, by statute |
| Pre-claim notice required | Often yes (varies by state) | Often yes (varies by tier) |
| Remedy if unpaid | Lien → foreclosure | Bond claim → civil suit |
| Property can be encumbered | Yes | No |
If you work across both private and public jobs, make sure your pre-job paperwork process accounts for which type of project you are on. The deadlines and the remedy structure are fundamentally different.
Frequently Asked Questions
Can I file a mechanics lien on a city or county project?
No. City and county governments hold their property under the protection of sovereign immunity, and mechanics liens cannot attach to government-owned property in any U.S. jurisdiction. Your remedy on a city or county job is a payment bond claim under the applicable state Little Miller Act. The specific notice deadline and suit deadline depend on your state and your tier in the contracting chain.
What happens if the prime contractor on a federal job did not obtain a payment bond?
If the prime contractor was required to obtain a payment bond under the Miller Act and failed to do so, the government contracting officer and the surety both bear responsibility for the deficiency. Courts have recognized claims against the United States for failure to require the bond when one was legally mandated. This is a complex area requiring legal counsel, but the absence of a bond does not automatically eliminate all remedies.
Is the Miller Act notice required for first-tier subcontractors?
No. First-tier subcontractors — those with a direct contract with the prime contractor — are not required to give the 90-day pre-suit notice under 40 U.S.C. § 3133(b)(2). That notice requirement applies to second-tier parties (subs to subs, or suppliers to subs) who do not have a direct contractual relationship with the prime. First-tier subs must still bring their civil action within the one-year statute of limitations from last furnishing.
Does California allow any additional remedies on public works projects beyond a bond claim?
Yes. California allows a stop payment notice on public works projects in addition to a bond claim. A stop payment notice requires the public agency to withhold funds from the prime contractor in an amount sufficient to cover the claimant's claim. The notice must be served on the public agency and, depending on project type, other parties. The deadlines and procedures are set out in Cal. Civ. Code § 8500 et seq. and the Public Contract Code. This remedy runs parallel to the bond claim and can provide additional leverage.
How do I find out if there is a payment bond on a public job I am working on?
On federal jobs, contact the contracting agency's contracting officer and request a copy of the bond. On state and local jobs, the bond is often recorded with a public agency or the county recorder. In Florida, Fla. Stat. § 255.05 requires the bond to be recorded before work begins, making it accessible as a public record. In California, the bond is typically filed with the public entity that awarded the contract. If the prime contractor refuses to provide a copy, the public agency is your next contact.
What is the Washington 10-day notice rule and why does it matter?
Washington's Little Miller Act (RCW 39.08.065) requires claimants who furnished labor or materials to a subcontractor — not directly to the prime contractor — to give written notice to the prime contractor and the public agency within 10 days after first delivering materials or first performing labor. Ten days is an extremely short window, and suppliers who start delivering materials without tracking this deadline routinely lose their bond claim rights. If you are a supplier or lower-tier sub on a Washington public works job, send the notice before or on the day you first deliver.
Can a supplier or equipment rental company make a Miller Act bond claim?
Yes. The Miller Act covers suppliers of materials and equipment rentors, not just subcontractors performing labor. The tier rules still apply: a supplier who sells directly to the prime is a first-tier claimant; a supplier who sells to a subcontractor is a second-tier claimant subject to the 90-day notice requirement. Material suppliers should verify their delivery records carefully, because the "last furnishing" date that triggers the notice and suit deadlines is the last date on which conforming materials were delivered — not the invoice date or payment due date.
If I work on both private and public jobs, do I need to track different notice processes?
Yes. On private jobs in states like California, Florida, Washington, and others, the preliminary notice preserves mechanics lien rights. On public works jobs, the pre-claim notice (where required) preserves bond claim rights. The delivery methods, recipients, deadlines, and consequences differ by state and by tier. Running both types of jobs simultaneously means your pre-job paperwork process must correctly identify the project type and route the right notice to the right parties on the right timeline.
California lien deadline reference
Protect Your Payment Rights Before You Start the Job
On a government project, there is no mechanics lien to fall back on. Your only lever is the payment bond — and your right to use it depends on whether you sent the right notice to the right party within the right deadline. Once that window closes, it does not reopen.
Before you mobilize on any public works job, confirm whether a payment bond exists, identify your tier in the contracting chain, and put the pre-claim notice deadline on your calendar the day you first furnish labor or materials. If you are also working private jobs, use a deadline tracker so the two sets of requirements do not get mixed up.
LienFlash handles preliminary notices for private projects in Florida, California, Arizona, Nevada, Washington, Oregon, Texas, and New Mexico — attorney-reviewed, sent via USPS Certified Mail, with a Certificate of Mailing PDF, in about 2 minutes. Use the deadline calculator to confirm the deadlines on every active job, public or private.
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