ARE CE #5 Flashcards
In terms of the design professionals lien laws, what four groups are considered design
professionals?
- Licensed Architect 2. Licensed Landscape Architect 3. Registered Professional Engineer
- Licensed Land Surveyor
The Contractor has consistently failed to keep the site clean and free of debris. What option does the Owner have in this
situation?
If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and shall be entitled to reimbursement from the Contractor.
See AIA A201 3.15.2
What are the five steps included in the process of imposing a Design
Professionals Lien?
- Has construction commenced? - if yes, lien does not apply, must use mechanics lien.
- Determine governmental approval - if no building permit or other government approval has been granted, lien is not available.
- Send Demand Letter - 10 days prior to recording lien, issue landowner payment demand.
- Record Lien - in County of project location, no later than 90 days after knowledge that work will not commence.
- Enforce Lien - file suit within 90 days of
recording the lien.
What is a Design Professionals Lien?
Design Professionals Lien - right to record a lien on a property before construction begins IF a building permit or other governmental approval has been obtained.
Design Professionals Liens are available on
public or private projects.
What is a Mechanics Lien?
A legal claim against real property for satisfaction of a debt (i.e. you or another individual perform work on a private project and are not paid for your service or materials, you can file a mechanics lien).
Not allowed on public projects. Does not
affect the ability to pursue other rem
What are three conditions that will cause a Design Professionals Lien to
expire?
The lien automatically expires if: 1. Design professional does not file lawsuit to enforce the lien. 2. The work commences on the project.
3. Landowner partially or fully satisfies the lien, design professional shall execute and
record a document as applicable.
