We have sharpened our pencils and have additional costs we didn't account for when we filed the lien. How can we amend the lien to include these additional costs?
It really depends on the particular facts and circumstances, including how long ago you recorded the initial lien and the status of the project in general. Many times, construciton attorneys will counsel you to record an amended/supplemental mechanics lien which specifically incorporates by reference the original lien. Consult with a construction attorney to get particular advice based on your specific situation.
You can record an amended lien. Using the same form that you used when you originally recorded, write the word "Amended" in front of the words "Mechanic's Lien" and amend the information to correctly identify the value of the improvements you provided. Of course, you still must timely file your lawsuit based on the original recordation date. That is, you still must file suit 90 days from the date you recorded the lien even though you are amending it. If you still have time to record a lien, that is, if you are within 30 days from recordation of a Notice of Completion (NOC) , or 90 days from completion of the project and no NOC was recorded, you can record a new lien and release the original lien, which would give you 90 days from the date of recordation of the new lien. Good luck.