Can I amend my recorded 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 is also advised to file separate claims of lien for work done under separate direct contracts between the owner and general contractor. As well, there should be a separate Notice of Commencement for every separate contract between the owner and the contract As an example, a contractor was required to file two claims of lien against property, once for construction and then for subsequent repair work done on the same property, even though work was done on the same structure. This was because the construction and repairs were done under two separate contracts.

Any recorded Claim of Lien may be amended at any time during the original period allowed for recording the Claim of Lien, as long as the amendment shall not cause any person to suffer any detriment by having relied upon the original Claim of Lien. Any amendment of the Claim of Lien shall be recorded in the same manner as provided for the recording of the original Claim of Lien. Amending a defective Claim of Lien does not necessarily render it enforceable.

More often than not, you will only have one opportunity to record and serve a Claim of Lien (which is too often filed quickly on the 89th or 90th day). Errors or omissions are permanent and remain with you throughout the enforcement process.

Tap to call: 305-347-5295