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Can I amend already filed memorandum of mechanical lien?

VirginiaMechanics Lien

Good day. We were hired by homeowner to install flooring. Homeowner purchased materials and we installed it. Homeowner called coding inspector and violation occurred as purchased by homeowner materials once installed the stairs only turned out not to code. We purchased other materials and installed it. Client didn’t pay even though it passed inspection. We filed mechanical lien. Client felt that she was overcharged but didn’t provide us with receipts for stair nosing so we can reimburse fir not catching the coding issue. Client didn’t provide receipts. We adjusted the amount for approximate amount. Client still didn’t pay. Do we need to amend already filed memorandum for mechanical lien or can leave as is and start the process of enforcing the lien? It’s for Prince Willians county, VA. Thank you.

3 replies

Jun 2, 2021

You can amend the mechanic's lien, but only if there is time to do so within the 90 day window. You can also file a new one with the lower amount if you wish to do so, again only if its within the 90 day window. Based on the facts presented, there may not be a reason to change the amount in any event because the Homeowner has not given you proof of costs.

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Jun 2, 2021
Thank you so much, Christopher.
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Jun 2, 2021

You are most welcome

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