CSLB Law & Business ExamInsurance and LiensHard
A licensed structural engineer provides design services under a written contract directly with a property owner, but the project is later abandoned before construction begins and the engineer is not paid. Under California law, what right does the design professional have?
- ANo lien rights exist because no physical work of improvement occurred
- BThe engineer's only remedy is a breach of contract lawsuit, since design professionals are excluded from lien law
- CThe engineer may record a mechanics lien for unpaid design services even though construction never started
- DThe engineer must wait until construction begins before any lien rights accrue
Show answer & explanationAnswer & explanation
Correct answer: C. The engineer may record a mechanics lien for unpaid design services even though construction never started
California law extends mechanics lien rights to licensed design professionals (architects, engineers, and land surveyors) who provide services under a direct written contract with the owner, even if the work of improvement never commences. This protects design fees when a project stalls before construction.
Why the other options are wrong
- A. Design professional lien rights specifically do not require actual construction to have started.
- B. Design professionals are not excluded; they have specific statutory lien rights.
- D. The lien right accrues based on the design contract, not on construction commencement.
Design Professional Lien Rights
Licensed architects, engineers, and land surveyors with a direct written contract with the owner may record a mechanics lien for unpaid design services even if construction never begins.
- Requires a direct written contract with the owner
- No requirement that physical construction has commenced
- Protects design fees on abandoned or stalled projects
Memory trick: Blueprints before bricks still earn a lien's protective bricks.