SECTIONS 8300-8318 - California Statutes

CIVIL CODE

SECTION 8300-8318

8300. For purposes of this chapter, a "design professional" is a
person described in Section 8014 who provides services pursuant to a
written contract with a landowner for the design, engineering, or
planning of a work of improvement.

8302. (a) A design professional has, from the date of recordation
of a claim of lien under this chapter, a lien on the site
notwithstanding the absence of commencement of the planned work of
improvement, if the landowner who contracted for the design
professional's services is also the owner of the site at the time of
recordation of the claim of lien.
(b) The lien of the design professional is for the amount of the
design professional's fee for services provided under the contract or
the reasonable value of those services, whichever is less. The
amount of the lien is reduced by the amount of any deposit or prior
payment under the contract.
(c) A design professional may not record a claim of lien, and a
lien may not be created, under this chapter unless a building permit
or other governmental approval in furtherance of the work of
improvement has been obtained in connection with or utilizing the
services provided by the design professional.

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.

8306. (a) On recordation of the claim of lien, a lien is created in
favor of the named design professional.
(b) The lien automatically expires and is null and void and of no
further force or effect on the occurrence of either of the following
events:
(1) The commencement of the work of improvement for which the
design professional provided services.
(2) The expiration of 90 days after recording the claim of lien,
unless the design professional commences an action to enforce the
lien within that time.
(c) If the landowner partially or fully satisfies the lien, the
design professional shall execute and record a document that
evidences a partial or full satisfaction and release of the lien, as
applicable.

8308. (a) Except as provided in subdivision (b), no provision of
this part applies to a lien created under this chapter.
(b) The following provisions of this part apply to a lien created
under this chapter:
(1) This chapter.
(2) Article 1 (commencing with Section 8000) of Chapter 1 of Title
1.
(3) Section 8424.
(4) Article 6 (commencing with Section 8460) of Chapter 4.
(5) Article 7 (commencing with Section 8480) of Chapter 4.
(6) Article 8 (commencing with Section 8490) of Chapter 4.

8310. This chapter does not affect the ability of a design
professional to obtain a lien for a work of improvement under Section
8400.

8312. A design professional shall record a claim of lien under this
chapter no later than 90 days after the design professional knows or
has reason to know that the work of improvement will not be
commenced.

8314. The creation of a lien under this chapter does not affect the
ability of the design professional to pursue other remedies.

8316. (a) No lien created under this chapter affects or takes
priority over the interest of record of a purchaser, lessee, or
encumbrancer, if the interest of the purchaser, lessee, or
encumbrancer in the real property was duly recorded before
recordation of the claim of lien.
(b) No lien created under this chapter affects or takes priority
over an encumbrance of a construction lender that funds the loan for
the work of improvement for which the design professional provided
services.

8318. A design professional may not obtain a lien under this
chapter for services provided for a work of improvement relating to a
single-family, owner-occupied residence for which the expected
construction cost is less than one hundred thousand dollars
($100,000).