We provided structural engineering services about a year ago and did not get paid. We would like to file a lien for unpaid services. Is it still possible to do if we did not file California 20-Day Preliminary Notice?
1 reply
Jul 17, 2020
You are not required to serve a preliminary notice for a design professional lien. But you are required to make a demand for payment 10 days before recording the lien. In addition, the design professional lien only attaches if a building permit or other governmental approval in furtherance of the work was obtained in connection with your services. And the lien has to be recorded within 90 days after you know or have reason to know that the improvement will not be commenced. The design professional lien expires after the work of improvement has commenced. If the work of improvement has commenced, you would have to record a mechanic's lien to preserve your rights. You could record a mechanic's lien if you had a direct contract with the property owner. If you didn't have a direct contract, then you may have only contractual remedies. And the deadline for recording a mechanic's lien is triggered by completion of the work. Feel free to email with more details if you would like clarification on any of these issues.