Preliminary 20 Day Notice!

Preliminary 20 Day Notice!

Postby zrh2103 » Mon Mar 27, 2017 5:08 am

Does architect's consultant, whom categories as a contractor to the architect per AIA C401 and doesn't have a direct contract with the owner, need to serve the owner a 20 Day Notice?

The way I understand the Notice is it is only for Subcontractor and Material Supplier who provide physical labor and material to the job site.
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Re: Preliminary 20 Day Notice!

Postby hnQ_9999 » Mon Mar 27, 2017 4:17 pm

I can be wrong.
Everyone involved in the Project has a Lien right (unless it is a public project).
Then everyone can send a notice to reserve his/her lien right regardless it is legit or not.
Except for Arch and GC because they are prime CT signers. I think this to avoid anyone
can just jump in and file a lien later without first notify their legal existence to the owner.
But it's only my 2 cents.
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Re: Preliminary 20 Day Notice!

Postby adventurer4hire » Mon Mar 27, 2017 8:36 pm

hnQ_9999 wrote:I can be wrong.
Everyone involved in the Project has a Lien right (unless it is a public project).
Then everyone can send a notice to reserve his/her lien right regardless it is legit or not.
Except for Arch and GC because they are prime CT signers. I think this to avoid anyone
can just jump in and file a lien later without first notify their legal existence to the owner.
But it's only my 2 cents.


Hi hnq_9999, I think your 2 cents makes sense. Haha pun fully intended... In my studies I have not been able to find direct language that states "an Architect's consultants (or design consultants) need to file a 20 day notice". But there are references that infer it. Basically we know that a Design Professional has the same lien rights as a Contractor, Sub, Vendor, or Supplier. Even if you file a Design Professional's Lien (I think it might be referred to as a "pre-construction mechanics lien" now). If you go that route, it can still be converted into a Mechanic's Lien if construction begins. AND since we know that an Architect's Consultant usually does not have a direct contract with the Owner, then to me that says YES. They need to file the 20 Day Prelim. Notice.

Beside The Whole Enchilada, here are a few of the other links I have been reviewing as it pertains to this subject:
http://www.aiacc.org/2012/02/27/design-professional-liens-gone-but-not-forgotten/
http://www.asacalif.com/calienlaw.html
http://porterlaw.com/architect_engineer_design_liens.htm
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