Subcontractor cannot obtain reimbursement for public work without proper notice

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Facts: A subcontractor performed public improvement work under a general contractor for a subdivision developer. The subcontractor served the city where the work took place with a 20-day preliminary bond notice for private work to receive payment from the insurance company responsible for payment should the general contractor fail to pay. The general contractor failed to pay the subcontractor. The subcontractor sought compensation from the insurance company. The insurance company refused to pay since it classified the work as public work, and the subcontractor filed notice for private work.

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