When to File a Mechanic’s Lien Versus a Bond Claim In most cases, deciding whether to file a payment bond claim or a mechanic’s lien claim is simple because only one option is available. On unbonded private projects, the general rule is unpaid subcontractors or suppliers can file a mechanic’s lien against the project jobsite. A mechanic’s lien claim asserts a security interest in the title of the property itself. These claims typically must be filed with the recorder’s office in the county where the property is located, and the claims usually are asserted against the owner’s interest in the property. On a state, county, municipal, government or federal construction project, subcontractors and suppliers can file a bond claim. Government entities are not going to give up interest in public property to a construction or building materials supply entity. It is virtually impossible to claim an interest in the underlying jobsite property when unpaid on a government project. The lie...
