A licensed general contractor is performing a remodel for a commercial property owner. The contractor hires a design professional (e.g., architect) directly to create project plans. If the design professional is not paid, what is the maximum time frame they have to record a mechanics lien after the project's 'commencement of the work of improvement'?
- A30 days
- B60 days
- C120 days
- D90 days
Show answer & explanationAnswer & explanation
Correct answer: D. 90 days
Design professionals (architects, engineers, etc.) who contract directly with the owner or a direct contractor have a unique lien right. They can record a mechanics lien if their contract is breached and 90 days have passed since the 'commencement of the work of improvement' (e.g., groundbreaking, material delivery), provided they also served a 20-day preliminary notice. This differs from the standard 30, 60, or 90-day deadlines after completion/cessation.
Why the other options are wrong
- A. This is a common deadline for subcontractors after a Notice of Completion, but not for design professionals linked to project commencement.
- B. This is the general contractor's deadline after a Notice of Completion, not applicable here.
- C. This is not a standard mechanics lien recording deadline in California.
Design Professional Lien Rights
Design professionals (architects, engineers, etc.) have mechanics lien rights if they contract directly with the owner or a direct contractor and serve a preliminary notice. Their lien can be recorded 90 days after the commencement of the work of improvement if unpaid.
- Must contract directly with owner or direct contractor.
- Must serve a 20-day preliminary notice.
- Lien recordable 90 days after 'commencement of work of improvement'.
- Protects against non-payment for design services.
Memory trick: Designers start their '90-day count' from 'Commencement' of the work, not completion.