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Can we file a design professional lien after a single family residence project was completed without building permits?

In April 2017, we provided geotechnical engineering services for improvements to an existing single family residence and we did not get paid. The owner who hired us completed the improvements without our knowledge, In October 2017, the owner received a Notice of Violation from the County of Santa Clara. We believe the owner was trying to sell or rent the property. In this case, can we still file a lien?

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Oct 11, 2019

I forgot to add that the Notice of Violation was issued due to the work being performed without building permits.

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Oct 11, 2019

A design professional’s lien is only available when certain circumstances are satisfied. The first of these requirements is that a building permit (or governmental approval) has been obtained with respect to the design professionals work. Additionally, all of the following must also be true: "(a) The work of improvement for which the design professional provided services has not commenced (b) The landowner defaults in a payment required under the contract or refuses to pay the demand of the design professional made under the contract. (c) Not less than 10 days before recording a claim of lien, the design professional gives the landowner notice making a demand for payment, and stating that a default has occurred under the contract and the amount of the default. (d) The design professional records a claim of lien." [emphasis added] Finally, the lien must be filed "no later than 90 days after the design professional knows or has reason to know that the work of improvement will not be commenced." Regular mechanics liens are also available to design professionals if the specific design professionals lien no longer applies, but a California mechanics lien must be filed within 90 days after the completion of the project. For work unpaid since 2017, a lawsuit is likely the remedy most likely to be successful.

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Oct 11, 2019

Thanks for the information. I forgot to include that the owner proceeded with the improvements later in 2017 without obtaining building permits and the County of Santa Clara "red tagged" the building. Since the project did not get government approval (building permits) and was never completed, would we still be able to file a mechanics lien? Or should we wait when until a building permit is issued, then file a design professional's lien. Also, what happens if the owner tries to sell this property?

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