Design Professional’s Lien-Private Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Design Professional Lien (Private Work)

Scope: State of California, Private Works.

Time Constraints: While architects, engineers and other design professionals are certainly entitled to pursue a mechanics’ lien at the end of a construction project when they are unpaid for their work, unless they also consider the remedy available to them under the California design professional lien, they may be missing an important opportunity to preserve their right to payment.

The California design professional lien is generally available to any certified architect, registered professional engineer or licensed land surveyor who furnishes services under a written contract with a landowner for the design, engineering or planning of a work of improvement, other than a single-family, owner-occupied residence with construction costs of less than $100,000 in value. These rules are generally found in California Civil Code sections 3081 – 3081.10.

All Cases, California Lien Notice: You must have served a California Lien Warning Notice on the customer at least 10 days before filing the Design Professional’s Lien.  See the State of California memo on Preliminary Notices, Private Works, for more information.

All Cases, Perfection: Design Professional Lien: To perfect your Design Professional Lien, you must file suit to foreclose the lien within 90 days of recording, and record a lis pendens.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary.

Form Types: Design Professional’s Lien (Private Work), Exhibit's A-D, and Recorder's Letter.

Procedures: Prepare your documents using the required information. Serve upon the owners and general contractors (your customer is optional). At this point you are ready to file suit to enforce all of your claims in one

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