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Can a contractor file a lien against a government building for materials ordered by their civilian purchasing company.

Can a contractor file a lien against a government building for materials ordered by their civilian purchasing company.

Q: What is sovereign immunity in relation to government property?

Sovereign immunity is a legal doctrine that prevents the government from being sued or having liens placed on its property without its consent. This means creditors cannot enforce claims against government assets unless Congress has explicitly allowed it.

Q: Are there exceptions to sovereign immunity for contractors?

Yes, there can be exceptions to sovereign immunity, but they are limited. If Congress has passed specific legislation allowing for liens or claims against government property, those provisions would apply. However, such instances are rare and typically require careful legal examination.

Q: What should a contractor do if they are owed money for government work?

If a contractor is owed money for work done on a government project, they should first review the contract terms and seek payment through negotiation. If necessary, they may need to pursue legal action under the appropriate federal or state laws, such as the Miller Act for federal projects, which provides a process for claims.

Full question:

Can a contractor file a lien against a government building for materials ordered by their civilian purchasing company.

Category: Contractors
Subcategory: Construction Liens
Date: 04/07/2025
State: Florida

Answer:

Sovereign immunity bars creditors from enforcing liens on government property. Unless waived by Congress, subcontractors and other creditors may not enforce liens on government property or funds to cover losses.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a contractor place a lien on a government project?

No, a contractor generally cannot place a lien on a government project. This is due to the principle of sovereign immunity, which protects government properties from being encumbered by liens. Unless there is a specific waiver of this immunity by Congress, contractors and subcontractors cannot enforce liens on government property.