Insurance & LiensQuestion 1564 of 1632

An architect provided design services for a private work of improvement, authorized by the owner. The architect:

a.Never has lien rights, in any circumstances
b.May give a stop payment notice, but never a lien
c.Must carry builder's risk insurance instead
d.May have lien rights for those services

Explanation

Civil Code §8400(f) lists the design professional among the persons with a mechanics lien right for work provided to a work of improvement, subject to the same preliminary notice condition in §8410 and the recording deadlines in §8412 and §8414. California also gives design professionals a separate remedy in §8300 et seq. for design services furnished before construction starts, which §8302(c) allows only where a building permit or other governmental approval has been obtained using those services. (a) ignores both routes. (b) reverses the remedies, and a design professional's stop payment notice rights are expressly preserved in §8608(b). (c) confuses property insurance with a payment remedy.

Law Reference: Civ. Code §8400(f) / §8302(c)

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