Legal Question in Construction Law in California

Re: Design Proffesional Mechanics Lien

An attorney can petition to expunge the lien.

[1} A design professional has a lien on real property for which a work of improvement is planned to be constructed, notwithstanding the absence of commencement of actual construction of the planned work of improvement, if the landowner contracted for the design professional's services and is also the owner of the real property at the time of recordation of the lien [Civ. Code � 3081.2]. The lien is not applicable, however, to a work of improvement relating to a single-family owner-occupied residence when the construction costs are less than $100,000 [Civ. Code � 3081.10].

[2] Procedure for Obtaining Lien

[a] Demand for Payment. A design professional is entitled to a lien only if the landowner defaults in a payment required pursuant to the terms of the written contract or refuses to pay on the demand of the design professional made in accordance with the written contract [Civ. Code � 3081.3(a)]. Then, at least 10 days prior to recording a notice of lien (discussed under [b], below), the design professional must mail by first-class registered or certified mail, postage prepaid, addressed to the landowner, a written demand for payment specifying that a default has occurred pursuant to the contract or agreement and the amount of the default [Civ. Code � 3081.3(b)].

[b] Recording Notice of Lien. No later than 90 days after the design professional knows or has reason to know that the landowner is not commencing the work of improvement, he or she must record a notice of lien with the county recorder in the county where the property is located. [Civ. Code �� 3081.3(c), 3081.7]. The notice must specify that a lien is created in favor of the named design professional, specify the amount of the lien, identify the current owner of record of the real property, provide a legal description of the real property to be improved, and specify the building permit or other governmental approval for the work of improvement required as a condition of the lien [Civ. Code � 3081.3(c).

[4] Automatic Expiration. A design professionals' lien automatically expires and is null, void, and of no further force or effect on the occurrence of either of the following [Civ. Code � 3081.4(b)]: Commencement of the work of improvement for which the design professional furnished services at the request of the landowner; or Expiration of 90 days after recordation of the notice of lien, unless a suit is filed to enforce the lien within 90 days.