Menu
Home>Levelset Community>Legal Help>Design or mechanical lien for interior design firm who isn't being paid?

Design or mechanical lien for interior design firm who isn't being paid?

CaliforniaBond ClaimsDesign ProfessionalLien DeadlinesMechanics LienStop Notice
Anonymous Contractor

Hi there –  We took on a project for a hotel that was seemingly in a tight spot after an interior design firm was under-delivering on the brief. The project was remodeling and improving amenities at a hotel affected by the California wildfires. We entered the project at the point they had general plans approved, but were lacking any real specific definition within each space. So our role was part interior design and part interior architecture. We agreed on a budget via email. We built a contract based on a clear brief from their General Manager. The only other person involved is the owner, who is part of an investment firm. When we shared the contract, they reviewed and generally said looks good (and agreed via email on budget etc). He said he would share with a lawyer friend of his though after they were "burned on their last contract". He later let us know that it was going to take some time, and that we were good to start on the project in the meantime if we were comfortable to. We have done this a lot in the past. Not ideal, but we tend to act with trust, especially knowing how much they needed our help. Because they were on a VERY tight timeline, we got to work quickly and within 4-5 weeks had performed a significant portion of the work, and help various design reviews with them. Everything from a new ADA compliant room design, to the overall look and feel of all rooms, to the new lobby design and an all-new lobby bar with outdoor seating area. They "loved" everything we shared – things seemed to be going great. We also consulted on a variety of other things, such as a potential new shop, and some exterior elements. So, week after week both us and the general manager kept asking the owner for the contract. After all of the above work, he responded with suggested amends from his lawyer. The amends were not anything anyone would reasonably agree to. Placed an extraordinary amount of liability on our shoulders (beyond the responsibilities of an interior design team), demanded various increases in scope that were clearly not part of the initial brief or verbal agreement, and changed payment terms to much smaller increments and with timing that meant we would only really be paid the bulk of the work at the end. In reality, the bulk of the work was very much up front. We provided a very reasonable response, hoping perhaps he didn't understand what his lawyer had suggested. Unfortunately, we think his lawyer was an excuse for his own lack of trust etc. We got a very bad attitude when we tried to discuss. He failed to really respond to anything and basically said it is what it is. After thinking about it, we decided to let them know we are no longer in the position to complete the project, but would appreciate payment for our work to date. They had issued roughly half of the amount of our work done to date. Meaning they owed the other half of that. I broke it down for them, even discounted some of our efforts that went beyond expectation (because we're nice). We didn't hear back from them at all. We followed up after that, and still no word. It has now been 2 months since that time and we don't think they intend to pay. They are definitely in construction because they started demolition and other prep while we were actively designing, and are on a tight schedule. We would like to send a notice of intent to lien. We are unclear if this would be best as a design professional lien or mechanics lien? And if there are any other considerations here because they never effectively signed the contract? (But did clearly agree to things via email before we kicked off.) Thank you for your help, much appreciated.

5 replies

Partner at Flores Ryan, LLP
| 280 reviews
Jul 8, 2020
Because construction has started you may not file a design professional lien, only a mechanic's lien. But keep in mind you are only eligible to record a mechanic's lien if you: 1. had a direct contract with the property owner 2. sent preliminary notice to the property owner, or 3. you can demonstrate that the property owner had actual knowledge of your work. If you are eligible, you have time to record because the deadline is 90 days from project completion (absent a notice of completion). If you are eligible to file a mechanics lien, you are also eligible to send a stop payment notice. You might consider a stop payment notice instead of - or in addition to a lien - as this may have more of an effect at this time, and the deadline to enforce a stop payment notice is longer at this point. The deadline to file a lawsuit on the stop payment notice will be 180 days from project completion, or if a notice of completion is file 120 days from that notice. With a lien, you will only have 90 days from recording the lien to file an action to foreclose. You should also try and see if there is a payment bond associated with the project. If there is, you can make a claim to the payment bond surety for the amount due. Although preliminary notice is usually required, there is an exception if you send your bond claim to the surety within 45 days of project completion (or 15 days of a notice of completion.) You will have 6 months from the deadline to give stop payment notice - about 9 months from project completion absent a notice of completion or about 7 months with a notice of completion. If you are not eligible for a lien and there is no payment bond you claims with mainly be based on your oral contract and on the reasonable value of service provided. You may be able to pursue these claims by going after the contractor's license bond or though a CSLB complaint if the claim is small. If the claim is larger, a demand letter, followed by litigation if necessary would be the approach. If you require legal assistance email me at ryan@huntortmann.com to schedule a free consultation.
Do not act on the information contained herein without seeking the advice of licensed counsel. The information presented here is general in nature and is not
intended nor should be construed as legal advice for any particular case or client. The law is complex and the specific facts of your situation can cSee More...
See More...
1 person found this helpful
Helpful
Han Chris
designer at Nucor
Jun 15, 2022

You will have 6 months from the deadline to give stop payment notice - about 9 months from project completion absent a notice of completion or about 7 months with a notice of completion. If you are not eligible for a lien and there is no payment bond you claims with mainly be based on your oral contract and on the reasonable value of service provided. You may be able to pursue these claims by going after the contractor's license bond or though a CSLB complaint if the claim is small. If the claim is larger, a demand letter, followed by litigation if necessary would be the approach. If you require legal assistance email me at ryan@huntortmann.com to schedule a free consultation. Slope 2 unblocked  

0
Report Spam
lily jane
Jul 2, 2022
Thanks for your helpful information. I have been struggling to find many questions about this issue. I will follow you! dordle
0
Report Spam
William The
Writer at Clear Notion
Aug 12, 2022

Interesting, thank you for the detailed answer, I wasn't aware about this. <a href="https://clearnotion.net/cars-with-the-cheapest-insurance-rates/">cars with the cheapest insurance rates</a>

0
Report Spam
William The
Writer at Clear Notion
Aug 12, 2022

Interesting, thank you for the detailed answer, I wasn't aware about this. [url=https://clearnotion.net/cars-with-the-cheapest-insurance-rates/]cars with the cheapest insurance rates[/url]

0
Report Spam