Can the lien be reactivated and reenforced?

5 months ago

if we had an active lien and it was removed however, we went back to do more work.

Senior Legal Associate Levelset

When one lien has been filed but ultimately removed, that removal, in and of itself, doesn’t prohibit another mechanics lien from being filed. Though, obviously, if one lien was filed then paid, a second lien could only be filed for work that’s been performed but hasn’t been paid – so any work performed prior to the original lien claim and paid wouldn’t serve as a valid basis for a new lien claim.

But, if additional work was provided after the release of the original lien, and if that work wasn’t paid for, another lien claim may be warranted. Though, sending a document like a Notice of Intent to Lien first might be a good idea.

However, it’s important to evaluate the specific language of a lien release filed and/or a lien waiver that’s been given. Sometimes, a release will state that it releases any and all claims against the property for nonpayment. If that’s the case, then another lien filing might actually be prohibited.

For further discussion on this topic, this is a great resource: Can You File More Than One Lien on a Single Project?

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