Many states are beginning to recognize that Design Professionals (i.e.: Architects, Engineers, Site Professionals, Land Surveyors), those who engage in providing services for a “Proposed or Scheduled” Construction Project, are often victimized by projects which never come to fruition. Many of these professionals incur significant expenses preparing the “Pre-Construction” work and because the project gets cancelled or indefinitely delayed, combined with the conditions most states require to establish a mechanic’s lien, they are unable to secure their unpaid accounts receivables.
With the introduction of the “Design Professionals” Lien, those who previously were compromised now have a new tool to secure their earnings.
While the Design Professional’s Lien is conditioned upon those who quality to comply with some stringent prerequisites like:
- Securing Permits
- Recordation of contracts
- and other Actions
the Design Professional’s Lien goes a long way to protect these professionals from the compromising conditions they had been subject to for many years.
As of July 1, 2011 Massachusetts Section 2A of Chapter 254 of the General Laws includes this vehicle for Design Professionals to secure their Pre Construction related receivables by filing a Design Professionals Lien.