Public Works Claims
Construction contracts with the state and federal governments do not permit the filing of mechanic’s liens to secure payment for the work performed. Therefore, both state and federal law provide mechanisms for subcontractors to make claims against payment bonds when they go unpaid. Contractors and subcontractors may also have claims against the government arising from defective specifications, arbitrary project administration, or breach of other construction contract terms. Litigation over these disputes may involve “pass through” claims of a subcontractor that must be brought in the name of a prime contractor. All of these claims are subject to substantive and procedural requirements which, if not followed, can limit or bar a valid claim. We have litigated such claims in state and federal court, as well as before state administrative agencies.