Substitute Senate Bill 49 Summary

• Establishes lien rights for architects, landscape architects, professional engineers, and professional surveyors on commercial real estate when they enter into written service contracts with property owners.

• Requires design professionals to file a notarized affidavit with the county recorder within 30 days of recordation, listing the professional's name, owner information, property description, contract details, and claim amount.

• Provides a two-year window from recordation for design professionals to file a lawsuit in common pleas court to enforce the lien; failure to file within this period extinguishes the lien.

• Allows property owners with recorded interests to demand in writing that a design professional commence enforcement action within 60 days or the lien is extinguished.

• Permits substitution of financial security (such as escrow accounts or surety bonds) approved by the court in place of recorded liens; mechanic's liens and previously recorded mortgages take priority over design professional liens.