Seguros y GravámenesPregunta 1624 de 1632
An owner hired a registered professional engineer under a written contract to design a warehouse and obtained the building permit with those drawings, then shelved the project and never paid the fee. The owner still owns the site. May the engineer record a lien?
a.No, because no work of improvement ever commenced, so nothing exists for a lien to attach to
b.Yes, an ordinary mechanics' lien, because the drawings are services furnished to the improvement
c.Yes, a design professional's lien, because a building permit was obtained and the owner still owns the site
d.Yes, but only if the engineer had served a preliminary notice within 20 days of starting the drawings
Explicación
Civil Code §8302 creates a lien on the site for a design professional NOTWITHSTANDING the absence of commencement of the planned work of improvement — that is exactly the situation the chapter exists for. The conditions are all present here: a person described in §8014 (a registered professional engineer), services under a written contract with the landowner, a building permit or other governmental approval obtained in furtherance of the work, and the contracting landowner still owning the site when the claim of lien is recorded. Had no permit been obtained, no lien could be created at all.
Referencia Legal: Civil Code §8302; §8300; §8014Practica las 1632 preguntas gratis — sin registro.
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)