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Can I amend a construction Lien and file it with the county clerk, even if the construction lien is bonded?

New Jersey

A construction lien was filed with the incorrect claim amount, which inadvertently listed amounts not consented to or listed in the original contract. Since the filing and service of the construction lien, the owner bonded the construction lien. Would I still be able to amend and correct the claim amount to just the contract price, even though it has already been discharged in a bond?

1 reply

Jun 15, 2021

Yes. See: https://www.levelset.com/mechanics-lien/new-jersey-lien-law-faqs/#faq-item-statute-projects-2a-44a11-amendment-of-lien-claim-form

or

https://law.justia.com/codes/new-jersey/2013/title-2a/section-2a-44a-11/

There is a form prescribed by statute to amend an existing lien claim.

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