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Can I file an updated construction lien?

CaliforniaMechanics LienPreliminary Notice

Our project dollar amount has increased by over $2mil

4 replies

Dec 1, 2020

It appears that you may be referring to an update preliminary notice. Once you have given preliminary notice on a project you are not required to update it based on change orders increasing the contract price. If you are entering into a separate contract for the additional work, then you should submit a new preliminary notice. The construction lien (mechanic's lien) is what you would file if you have not been paid and plan to perform no more work until the lien is resolved. If further money became overdue, you would need to file a new lien. Also, if you performed additional work, you would need to record a new lien as additional work invalidates liens recorded before that work was performed. 

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Dec 1, 2020
Thank you!
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Dec 2, 2020
If your labor and materials claim went up, then you can and should file an Amended Mechanic’s Lien. Just remember though that the lien is just for work that actually improves the property itself, so you can’t include delay claims, lost profit, etc. in the lien amount. I’m happy to answer any questions you have about this.

Cathleen M. Curl, Esq.
Law Office of Cathleen M. Curl
700 El Camino Real, Suite 200
Millbrae, CA 94030
T 650-871-5955
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Dec 3, 2020

The question is whether you file an "updated" lien or whether you file/record a new lien. If the initial lien was recorded prematurely, you may opt to record a new lien If not, you may be able to record an "amended/supplemental" lien. With this much money at stake, it makes sense to contact an experienced construction lawyer ASAP!

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