I need to enforce a Mechanics' Lien on a property in Sonoma County, California. What are the payment options you offer to enforce a Mechanics' Lien? I am the architect of a single family home. The project was ready for re-submittal and the Owner refused to pay for the work done. The project stopped, Owner's counsel acknowledges that payment from Owner to Architect is due, but wants to give a quarter of what is due. Sent a Notice of Intent to Foreclose through Certified Mail to both Counsel and Owner. A week later I received a note from Counsel that he is no longer representing the Owner.
If the project has not yet broken ground then you cannot enforce a mechanic's lien but may be able to record a design professional lien instead. See Civil Code section 8304.
You are eligible for a design professional lien if you meet the following requirements:
1. The services were provided pursuant to a written contract between the design professional and the property owner;
2. The property owner who contracted for the design professionals’ services is the owner of the real property at the time the design professionals’ lien is recorded;
3. A building permit or other governmental approval in furtherance of the work of improvement has been obtained in connection with or utilizing the services rendered by the design professional;
4. The total anticipated construction costs equal or exceed $100,000.
In order to file a design professional lien you must within 10 days prior to recordation of your lien, serve the property owner by registered or certified mail, a written demand for payment, and notice that the owner is in default of the contract. The lien must be recorded within 90 days after you know or have reason to know that the property owner is not commencing the work of improvement.
After recording, you then have 90 days for foreclose, just as with a mechanic's lien.
If the project does break ground, the design professional lien will automatically terminate. But, as long as you serve preliminary notice within 20 days of the project breaking ground, you will then have mechanic's line rights and can proceed to record and enforce a mechanic's lien.
In order to enforce either a design professional lien or a mechanic's lien you need to retain and attorney to file a lawsuit to foreclose the lien.
If you require legal assistance feel free to email me at ryan@huntortamnn.com to set up a free consultation.