Can service providers (engineers and architects) file a lien?
ColoradoOn a current construction project, the title company is requiring conditionals and unconditional lien waivers for "lienable services" for vendors such as architects, engineers, surveyors, design professionals, and construction managers. These vendors do not provide furnished materials and do not contribute to any physical construction of the property. I thought lien waivers were only required for sub contractors who do physical work on the property. Do these service providers have the right to file a lien and what type of lien would they file if any?
1 reply
The design professionals such as architects, engineers, draftspersons all have lien rights. They file mechanics' liens just like people who provide labor, tools, or materials and they must follow the lien procedures to the letter.
In short, contact a construction attorney to provide you the proper waiver forms.