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Does a Land Survey company need to file a Pre lien if they are contracted with General contractor?

Non payment. Entered in contract with GC did not file Pre lien. Now want to at least get there attention with a mechanics lien. Can it be done even though no Pre lien was filed. Seem to read conflicting information about whether or not a Land Surveyor is required to file pre lien. Since only labor is being provided.

1 reply

May 18, 2018

That's a good question. In California, all claimants who do not have a direct contract with the property owner must provide preliminary notice to (1) the property owner, (2) the direct contractor, and (3) the construction lender, if one is present. However, under § 8200(e)(1), "A laborer is not required to give preliminary notice." The California Civil Code defines a laborer as "a person who, acting as an employee, performs labor upon, or bestows skill or other necessary services on, a work of improvement." Further, § 8014 of the California Civil Code, which defines the term "Design professional," includes surveyors. Because surveyors are included in the definition of a "Design professional," and because design professionals and laborers are both distinctly defined as separate under the California Civil Code, it might be a stretch to argue that a surveyor qualifies as a laborer under the state's lien laws and therefore does not need to send preliminary notice. Of course, there may be some room for argument there. In cases where a requirement might not be necessarily black and white, a lien claimant can typically actually get their lien filed against the property. Of course, whether that lien would be enforceable and whether it would withstand a challenge against the lien could be up in the air. But, as long as a lien claim is filed in good faith and accurately represents a debt owed, a claimant can typically file their lien and then release it if issues arise - penalties for lien filings typically only come into play when a lien is filed in bad faith or intentionally exaggerated. Finally, prior to filing a mechanics lien, a Notice of Intent to Lien often helps to enforce payment. A Notice of Intent serves as a warning shot - if payment isn't made, a lien will be filed. Because a mechanics lien is such a powerful remedy, the mere threat of a lien is often enough to spur payment (more on that idea here: Notice Of Intent To Lien May Be Enough To Get You Paid). If a Notice of Intent to Lien isn't enough to speed up payment, and if a lien claim doesn't appear to be a viable or enticing option, there are always other methods for recovery available, as we discuss here: What If I Don’t Want to File a Mechanics Lien? Here Are 5 Other Options.

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