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Where do I find a Design Professional Lien for the same as a Mechanics Lien form.

We are an engineering firm, looking to file a Design Lien. I am having trouble finding the actual form for one. Are they the same form as the Mechanic's Lien. Also, I have read that these can only be filed on private projects only. We are looking to file one with a home builder company. Is this something we can do, or does it have to be a Mechanic's Lien. This is very new to us. I am very familiar with the Mechanic Lien side of contracting, but this is slightly different. Any help is greatly appreciated.

1 reply

Jan 24, 2020

California design professional liens

The requirements for design professional liens are codified in Cal. Civ. Code §83000 et seq. So far, you're on the right track (a) engineers are covered under the definition of design professionals, and (b) they are only available on private projects. There are no preliminary notice requirements for design liens. However, there are a number of prerequisites that must be met to be able to exercise these rights.

Requirements for design professionals

The statutes specifically state that a design professional won't be entitled to lien rights unless all of the following are met:

The work of the improvement hasn't commenced;
There is a written contract with the property owner;
A building permit or other type of government approval; &
The owner has defaulted on payment.

What to include on the claim form

There isn't a ton of information required on a design professional lien. Here's what will need to be provided:

Your name and address;
The amount of the claim;
The owner of record;
Legal description of the site; &
Identification of the building permit or other approval.

Design professional lien filing deadline

Before you file the lien, a notice must be sent to the owner at least 10 days before filing the claim. This merely needs to state that the owner is in default, the amount unpaid, and the intention to file the claim. Once notice has been sent, the claim can be filed any time after the owner defaulted, but must be filed within 90 days after knowledge that the project won't commence. That's because they are only available if work hasn't commenced. If construction has already begun, then you will want to file a mechanics lien instead. Also, if construction begins after the design lien is recorded, then the claim may be converted to a mechanics lien within 30 days of commencement of the work. Here are some additional resources that may prove helpful:

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