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Amend Lien Filed

I'm sorry, I accidentally permanently deleted email outlining steps to increase lien file amount. I do recollect two choices and wanted to amend the lien filed. How do I increase the lien amount filed to include the supplements the carrier approved from our request attached to the same job/claim? I'd rather amend the original lien amount then file a new lien because the increase is attached to the same job/insurance property claim. Lastly, is it okay if I include late fees? Our Terms and Conditions specifically outline payment default will result in late fees and collections fees, level set fees in this case. So to recap, how do I amend a current lien and is it okay to not only include the supplements approved by the insurance carrier but our payment default fees outlined in signed Terms and Conditions? Thank you and I'm sorry for asking again. Happy 4th of July :)

2 replies

Jul 2, 2021

Re recording mechanics lien can look like an overstated claim and cause the original claim and the amended claim to be voided.

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Jul 5, 2021

You ask about the procedure to amend a Mechanics Lien. Based on the question and details you provide, however, you may have a fundamental problem with your existing Mechanics Lien. Here is why: The Illinois Mechanics Lien Act automatically entitled contractors, subcontractors, et al. to a claim equal to the value added to the underling property/project. That "added value" is separate from contract amount, value allocated by an insurance company, etc. It is not the same. So, when you ask how to supplement your lien to include missed amounts that the insurance company has permitted, you are asking the wrong question when it comes to the lien. Long-story short, the homeowner could challenge your current lien , and augmenting the amount would lead to a further challenge. I recommend consulting with a construction lawyer before proceeding. Best of luck.

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