Mechanics Lien Rights for Construction Design Professionals

DesignProfessionals

Mechanics Lien RightsExplained

zlienpublished by

Design Professionals typically include architects, engineers,

interior designers, landscape architects, and others whose

services are traditionally considered "professional" activities

that require licensing or registration by the state.

Some state’s laws explicitly define who is considered a

design professional, as it relates to mechanics lien rights.

Others’ are more vague, though courts have interpeted these

definitions quite broadly.

ARCHITECTS

ENGINEERS

INTERIOR DESIGNERS

LICENSED PROFESSIONALS

EACH STATE PROVIDES DESIGN PROFESSIONALS DIFFERENT LIEN RIGHTS:

No Rights: Some states bar design professionals from lien rights entirely. In these states, design professionals cannot file a mechanics lien.

MECHANICS LIEN RIGHTS FOR DESIGN PROFESIONALS,STATE-BY-STATE:

NO RIGHTS DIFFERENT RIGHTS SAME RIGHTS

NO RIGHTS:

AlabamaKentuckyOhioVermont

DIFFERENT RIGHTS:

CaliforniaFloridaMassachusettsRhode IslandTexasUtah

SAME RIGHTS:

AlaskaArizonaArkansasColoradoConnecticutDelawareGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasLouisianaMaineMarylandMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOklahomaOregonPennsylvaniaSouth CarolinaSouth DakotaTennesseeVirginiaWashingtonWest VirginiaWisconsinWyoming

Same Rights: Some states treat design professionals (DPs) the same way that they treat other construction parties. In these states, a DP hired by a property owner is considered a prime contractor, a DP hired by a general constractor is considered a subcontractor, and so on.

Di�erent Rights: Some states a�ord di�erent mechanics lien rights (and rules) to design professionals than they do to other construction parties (e.g. contractors and suppliers). In these states, design professionals can file a lien, but they must abide by the regulations set forth by state law specifically for design professionals.

“DIFFERENT” STATES, EXPLAINED:

California allows design professionals to file a regular mechanics lien and a

design professional lien. The design professional lien covers work performed

prior to the beginning of construction or renovation.

Utah allows design professionals to file pre-construction service liens and con-

struction service liens.

Florida, Massachusetts, Rhode Island, and Texas have

separate requirements that design professionals must satisfy

before filing a mechanics lien.

zlien.com/resources

zlien