Amending A Claim of Lien

Alex BarthetLiens

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.