SB 232 - This act grants lien rights to architects, engineers and surveyors who have performed work connected to the building or repair of any improvement to real property even if actual construction of such improvement has not commenced. Under current law, no lien attaches until an improvement or building has been erected. For these lien rights to attach, the following must be present: 1) the owner or lessee of the land has directly contracted for such services; and 2) such owner owns, or lessee leases, the property at the time the contract is made or at the time the lien is filed.

If an engineer, architect or surveyor files an action to recover the costs of services rendered, the owner or lessee may defend such action on the basis that the planned improvement is impracticable or infeasible.

A contractor or subcontractor may recover damages from an engineer or architect due to such engineer's or architect's negligence even if there is no contract between the contractor and the engineer or architect.

This act is similar to SB 171 (1997) and SB 753 (1996).

JAMES KLAHR