Guide · Professional Licensing
Construction Licensing and Payment: A Comprehensive Guide to Licensure, Mechanics Liens, Payment Bonds, and Prompt Payment
40 U.S.C. § 3131
- Type
- Guide
- Jurisdiction
- National
- Date
- 2025-03-23
- Topic
- Professional Licensing
This guide covers the two systems that decide whether a construction participant gets paid: the licensing system that determines whether it may collect at all, and the payment security system of liens, bonds, and statutory payment deadlines that determines how. Part one covers licensure — who must hold it, what the entity and classification rules require, and the forfeiture and disgorgement consequences of getting it wrong. Part two covers mechanics liens from preliminary notice through foreclosure, including priority and the owner's defenses. Part three covers payment bonds on public work, the tier rules that decide who may claim, and the federal claim procedure. Part four covers prompt payment statutes, retainage, and the contract clauses that shift payment risk. Part five covers insolvency, where suretyship and bankruptcy converge. The guide closes with practice guidance for owners, primes, subcontractors, suppliers, and sureties.
The full text of this document is available to Executive subscribers and above. See plans.