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Can I increase the amount on my lien?

I file Lien on 4/3/20 and we still have a Tower Crane onsite. We bill a rental fee, Insurance each month. We file with an amount of $175,033.15 but we are now at $236,464.40 with no update on when we should expect payment. Can I update the amount which is owe to us?

4 replies

Jun 19, 2020

Lien deadlines are controlled by completion of a project in California, not by the completion of any given scope of work. If your crane is still on site, it sounds like the project has NOT been completed, so you can probably record an amended lien updating the amount due

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Jun 19, 2020

Mr. Lindborg is correct, and it possible that your lien recorded on April 3, 2020 was prematurely recorded. Consult with an experienced construction attorney to determine whether you amend your existing lien, release your existing lien and record a new lien, explore other avenues for security (e.g., stop payment notice), or other appropriate paths forward to secure your claim and get paid! --CN

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Jun 19, 2020

Yes, a lien can be increased provided the time for filing lien is timely. But remember, premature liens are not permitted either. If your firm is still performing work, it is not permitted to lien the job. Instead, you should wait until you demobilize and then record your lien if your application for payment is not timely processed.

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Jun 19, 2020

So long as the time within which to record a line has not expired, yes, you can file an Amended Lien that reflects the true amount owed, and therefore secure payment for the entire amount due. (However, I question whether now is the time to record the lien since it sounds like you are still working on the job.) The Amended Lien should set forth: (a) the amount of the initial lien; (b) the date the initial lien was filed; (c) and the recordation number assigned by the County Recorder’s office; and (d) the new lien amount. I encourage you to consult with a construction attorney regarding this for two reasons: He/She can prepare and record the Amended Lien for you; and (b) He/She can explain and enforce other payment rights you have to collect your money. Disclaimer: The above statements are for informational purposes only and do not constitute legal advice. You should contact your attorney to obtain advice with respect to any particular issue. Do not act on the information contained herein without seeking the advice of licensed counsel. This posting does not create any attorney-client relationship and is not intended, nor should it be construed, an advertisement or solicitation.

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