Senate Bill 1038 Summary

• Clarifies that "actual physical improvement" does not require an increase in property value and expands the definition to explicitly include professional services such as architectural, engineering, and land surveying work.

• Extends the deadline for filing a construction lien claim from 90 days to 120 days after the lien claimant's last furnishing of labor or material for the improvement.

• Extends the statute of limitations for bringing a foreclosure action to enforce a construction lien from 1 year to 2 years after the claim of lien is recorded.

• Adds "professional" as a new category of lien claimant who can file construction liens for providing architectural, engineering, land surveying, inspection, testing, or related services to owners, contractors, or subcontractors.

• Prohibits deficiency judgments against noncontracting owners, co-owners, lessees, or co-lessees in construction lien foreclosure actions, and limits the total of multiple construction liens to the amount the owner or lessee agreed to pay.