California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 6 — Works of Improvement, Title 2 — Private Works of Improvement, Chapter 3 — Design Professionals Lien, Section 8304

A design professional is not entitled to a lien under this chapter unless all of the following conditions are satisfied:

(a) The work of improvement for which the design professional provided services has not commenced.

(b) The landowner defaults in a payment required under the contract or refuses to pay the demand of the design professional made under the contract.

(c) Not less than 10 days before recording a claim of lien, the design professional gives the landowner notice making a demand for payment, and stating that a default has occurred under the contract and the amount of the default.

(d) The design professional records a claim of lien. The claim of lien shall include all of the following information:

(1) The name of the design professional.

(2) The amount of the claim.

(3) The current owner of record of the site.

(4) A legal description of the site.

(5) Identification of the building permit or other governmental approval for the work of improvement.

Notes

Requires that, before a design professional obtains a lien, the work has not begun, the landowner has defaulted or refused payment, and the professional gives a payment-demand and default notice at least 10 days before recording. Requires the recorded claim to identify the professional, amount, record owner, site, and governmental approval.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 8304 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-6/title-2/chapter-3/section-8304

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