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HomeCivil CodeDiv. 4Pt. 6Ch. 3§ 8304 Design Professional Lien Requirements

§ 8304 Design Professional Lien Requirements

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

§ 8304 Design Professional Lien Requirements

Key Takeaways

  • •Designers (like architects) can only ask for a lien (a legal claim on property) if the building work hasn't started yet.
  • •The property owner must have missed a payment or refused to pay the designer what they owe.
  • •The designer must warn the owner in writing at least 10 days before filing the lien, saying how much is owed.
  • •The lien must include details like the designer's name, the amount owed, the property owner's name, and a description of the property.

Example

An architect designs a new house for a homeowner, but the homeowner doesn't pay the final bill.

If the house hasn't been built yet, the architect can send a warning letter to the homeowner, wait 10 days, and then file a lien on the property to try to get the money owed.

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

Official Source
View on CA.gov

§ 8304 Design Professional Lien Requirements

A design professional is not entitled to a lien under this chapter unless all of the following conditions are satisfied: (a) The work of improvement for which the design professional provided services has not commenced. (b) The landowner defaults in a payment required under the contract or refuses to pay the demand of the design professional made under the contract. (c) Not less than 10 days before recording a claim of lien, the design professional gives the landowner notice making a demand for payment, and stating that a default has occurred under the contract and the amount of the default. (d) The design professional records a claim of lien. The claim of lien shall include all of the following information: (1) The name of the design professional. (2) The amount of the claim. (3) The current owner of record of the site. (4) A legal description of the site. (5) Identification of the building permit or other governmental approval for the work of improvement. (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 professionallienwork of improvementlandownerclaim of lien

Related Statutes

  • § 8300 Design Professional Definition
  • § 8302 Design Professional Lien Rights
  • § 8306 Design Professional Lien Expiration
  • § 8310 Design Professional Lien Preservation
  • § 8312 Lien Recording Deadline

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8304.
View Official Source