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.
1 reply
Dec 13, 2019
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.