Can You Amend Your Claim of Lien?

A claim of lien may be recorded at any time during the progress of the work but never later than 90 days after last furnishing labor or materials.  A lien holder must also file separate claims of lien for work done under separate direct contracts between an owner and contractor. As an example, a contractor was required to file two claims of lien, one for construction work and then another for subsequent repair work, even though both the construction and repair work were done on the same structure. This was because the construction and then the repairs were performed under two distinct contracts.

So you’ve recorded your lien within the required 90 days; can you now amend your claim of lien? Maybe. It must be done during the period allowed for recording the original claim of lien and the amendment does not cause someone relying on the original claim of lien to be impaired.

All that said, be aware that amending a defective claim of lien does not necessarily render it enforceable. Because you will generally only have one opportunity to record and serve a claim of lien (too often filed quickly on the 89th or 90th day), be careful and get it right the first time.

Here’s an example. Sometime after construction had begun on a project, the customer ceased making payments. Construction stopped, and the contractor timely filed a claim of lien for the balance still due to him for work done on the project. Two months later, the contractor amended his lien to include additional work he had to perform to protect the partially finished project from the elements.

The customer wasn’t happy. He claimed the amended lien was filed late and for exaggerated amounts. The court, however, sided with the contractor, finding that the additional work done by the contractor to safeguard the yet-to-be completed project was done in good faith, within a reasonable time, and pursuant to a contract. The court then determined that this subsequent work extended the time for filing a lien. It was not remedial work (which would not extend the statutory deadlines for the filing of a lien), but rather work necessary to complete the contract.

It was a good day for the contractor. His good faith efforts to fulfill his contractual obligations, and his filing of the amended lien for the correct amount and in the right time frame, carried the day.