Construction Lien

CALIFORNIA

Contractors, subcontractors, material suppliers, equipment lessors, laborers, design professionals, and other persons who perform work authorized for a “work of improvement” will have lien rights.^[1] Furthermore, any claimant who, at the request of or agreed to by the owner (or any other person acting by his authority or under him, as a contractor or otherwise) of any lot or tract of land, who has made "site improvements" also has lien rights.^[2]

A “work of improvement” is very broadly defined as, but not limited to, construction, alteration, addition to, or repair, in whole or in part, of any building, wharf, bridge, ditch, flume, aqueduct, well, tunnel, fence, machinery, railroad, or road, the seeding, sodding, or planting of any lot or tract of land for landscaping purposes, the filling, leveling, or grading of any lot or tract of land, the demolition of buildings, and the removal of buildings.^[3] A “site improvement” is defined as the demolishing or removing of improvements, trees, or other vegetation located thereon, or drilling test holes or the grading, filling or otherwise improving of any lot/tract of land, or the street, highway, or sidewalk in front of or adjoining any lot/tract of land, or constructing or installing sewers or other public utilities therein, or constructing any areas, vaults, cellars, or rooms under said sidewalks or making any improvements thereon.^[4]

In California, actual visible work must commence before a lien will attach to the property.^[5] For example, a design professional who provides services during the pre-construction phase cannot attach a construction lien until there is actual visible work that evidences the commencement of construction.

However, design professionals that provide services where there is no visible construction and comply with California Civil Code Sections 8300 to 8318 can file a special lien called a “Design Professionals Lien” which is exempt from requiring “actual visible work.” To file a Design Professional Lien, please contact our office at 1-800-820-2144.