Is this the same or are they two different liens? Which one should we be using as a design professional if our design work is complete, we haven't been paid, and project has not gone to construction yet.
They are two different types of liens. A Design Professional lien can only be recorded before construction has begun and a lawsuit to foreclose the lien must be filed before construction begins. If construction begins, the Design Professional lien becomes void - but can be converted into a mechanic's lien provided that within 30 days after commencement of the work, the design professional records a mechanic's lien for the amount of the design professional lien and the mechanics lien states that it is a converted design professional lien. If construction has already begun, you can file a mechanic's lien instead.
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...
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