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HomeCivil CodeDiv. 4Pt. 6Ch. 3§ 8302 Design Professional Lien Rights

§ 8302 Design Professional Lien Rights

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8302 Design Professional Lien Rights

Key Takeaways

  • •If a designer (like an architect) helps plan a building but the work hasn't started yet, they can still put a claim on the land if the person who hired them owns the land.
  • •The claim is for the money the designer is owed, but not more than what their work is really worth. If the owner already paid some money, that gets taken off the claim.
  • •The designer can only make this claim if a building permit or government approval was gotten using their work.

Example

An architect designs a new house for a landowner, but construction hasn't started yet. The landowner doesn't pay the architect for the design work.

The architect can put a claim on the land to get the money they are owed, but only if the landowner got a building permit using the architect's designs. The claim is for the unpaid fee, minus any money the landowner already paid.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8302 Design Professional Lien Rights

(a) A design professional has, from the date of recordation of a claim of lien under this chapter, a lien on the site notwithstanding the absence of commencement of the planned work of improvement, if the landowner who contracted for the design professional’s services is also the owner of the site at the time of recordation of the claim of lien. (b) The lien of the design professional is for the amount of the design professional’s fee for services provided under the contract or the reasonable value of those services, whichever is less. The amount of the lien is reduced by the amount of any deposit or prior payment under the contract. (c) A design professional may not record a claim of lien, and a lien may not be created, under this chapter unless a building permit or other governmental approval in furtherance of the work of improvement has been obtained in connection with or utilizing the services provided by the design professional. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

Last verified: January 21, 2026

Key Terms

design professionallienclaim of lienbuilding permitgovernmental approval

Related Statutes

  • § 8304 Design Professional Lien Requirements
  • § 8306 Design Professional Lien Expiration
  • § 8310 Design Professional Lien Preservation
  • § 8312 Lien Recording Deadline
  • § 8314 Lien Does Not Bar Other Remedies

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8302.
View Official Source