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.htmlhttp://porterlaw.com/architect_engineer_design_liens.htm