Simple English definitions for legal terms
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A design professional's lien is a type of legal claim that gives someone who provides design services for a property the right to be paid for their work. This type of lien is similar to a mechanic's lien, which gives mechanics the right to be paid for repairs they make to a property. Architects, engineers, and land surveyors are examples of people who may be able to get a design professional's lien. The rules for getting this type of lien vary by state, but in most cases, it gives the person the right to take legal action to get paid for their work.
A design professional's lien is a type of lien that gives a person who provides design services for a property a security interest in that property. This means that if the property owner fails to pay for the design services, the design professional can take legal action to recover the money owed by placing a lien on the property.
Design professionals who may qualify for this type of lien include architects, engineers, and land surveyors. However, the specific requirements for qualifying as a design professional may vary depending on the state.
In most states, the rights of following a design professional lien are the same as a mechanic's lien. This means that the design professional has the right to file a lien against the property and foreclose on the property if the lien is not paid. However, some states may have different requirements or limits for design professional liens compared to mechanic's liens.
For example, in California and Texas, design professionals may have slightly different requirements or limits to receiving design liens compared to mechanic's liens. Some states may limit design professional liens to just pre-construction work, even if services continued throughout the building process. A small number of states rarely allow for design professional liens at all.
Overall, a design professional's lien is an important tool for design professionals to protect their rights and ensure they are paid for their services.
An architect is hired to design a new office building for a property owner. The architect spends months working on the design and overseeing the construction process. However, when it comes time to pay the architect, the property owner refuses to pay the full amount owed.
In this situation, the architect may be able to file a design professional's lien against the property to recover the money owed. If the lien is not paid, the architect may have the right to foreclose on the property to recover the money owed.