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Amending lien ???

I indicated to the GC a lien would be filed on a project, the GC stated they would bond around it. Lien was filed, now they want me to sign a partial lien waiver to satisfy a Vendor. Vendor is willing to accept payment or will file suit. GC wants me to sign partial waiver to release joint check to Vendor. GC requests I adjust lien amount from 61K to 18K reflecting the payment made to Vendor. Can I adjust the lien amount after it has been filed? This is a huge mess, the GC is claiming I violated the Trust and misappropriated funds as another scare tactic. After digging around I have found that the GC is notorious for not paying 100% of contracts or change orders. One side of me wants to give up and the other side wants to fight to the bitter end. What do I do specifically with the lien that has already been filed?

1 reply

Jun 24, 2020

Oklahoma's mechanics lien statute doesn't provide specific guidance on amending mechanics liens after they're filed or partially releasing liens there. However, if the mechanics lien deadline hasn't yet passed, then filing a lien amendment might be possible to reduce the amount on your lien claim. It's common for claimants to file documents attempting to amend filed liens - and it's possible that the lien amendment could be recorded appropriately. If the lien deadline has passed, then amending the lien might be a struggle. Alternatively, as you mentioned above, providing a partial lien waiver so that the vendor may be paid in full could be an option, too. That waiver won't automatically release the lien - but it could be a showing of good faith. When the customer has that waiver in hand, you won't be able to enforce that portion of your lien claim later on. Finally, if you're being asked to partially release your lien, I'd approach that with caution. Oklahoma's lien statute doesn't discuss partial lien releases, and depending on the wording of such a release, your entire lien claim could be put in jeopardy by filing a release.

Additional resources

If you've found yourself in a 5-figure dispute with your customer, it might be time to involve an Oklahoma construction lawyer. They can help assess the situation and advise on the best options for forcing payment. Plus, they can advocate and negotiate on your behalf. For help finding an attorney: Find an Oklahoma Construction Lawyer. Additionally, I think these resources below will be helpful: - Mechanics Liens: Can a Lien be Amended? - Mechanics Liens and Partial Payment: What Are the Options? - The 4 Steps to Take After Filing a Mechanics Lien

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