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Can we file a 2nd Lien ? That includes retainage and additional work completed

Can we file a 2nd Lien that includes retainage and additional work completed ? We filed a Lien on Job# 203754 for $25,463.88 on 4/14/20, recorded with County on 4/24/20 We completed further work at this project for $22,086.46 since. We also have retainage outstanding for $11,796.04 Can we file a 2nd Lien for the remaining $22,086.46+ retainage of $11,796.04 = $33,882.50 Or should we file a lien for previous lien amount of $25,463.88+[$33,882.50] = 59,346.38 ? Job# 203754, Document # 3360228 We're in time crush, please respond back to me asap! Thanks

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Aug 12, 2020

Ohio's mechanics lien statute doesn't seem to prohibit claimants from filing more than one mechanics lien on a project. So, if additional work was done since the first lien was filed, and if retainage amounts weren't included in the first lien, then filing a second lien which includes those amounts could be appropriate. Though, the total value of all liens filed shouldn't exceed the amount of money you're owed on the job. And, a second lien shouldn't include values included in the first lien unless the first lien is being released. This article should be somewhat useful, too: Can You File Multiple Liens on a Single Project? It's worth mentioning that Ohio mechanics lien claims can be amended when the information being revised was originally incorrect due to a faulty Notice of Commencement. However, the lien statute doesn't specifically address whether a lien can be amended to revise the lien amount. So, filing a second lien might be a safer bet.

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Aug 12, 2020

Matthew, I should have mentioned this my bad. the project's location is in Atlanta, Georgia. The first filling was with Fulton County, Georgia. Does the same rule apply to Atlanta, Georgia ? Thank!

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Aug 12, 2020

After briefly reviewing Georgia's mechanics lien statute, it doesn't appear that a claimant is prohibited from filing more than one lien in Georgia, either. Regarding the potential for an amended lien: GA's lien statute specifically allows mechanics lien amendments when the amount is to be reduced. However, because the statute doesn't mention whether lien amounts are able to be increased by an amendment, it's likely safer to file a second lien than it is to attempt a lien amendment increasing the amount of the lien. Though, it's worth noting that lien amendments are often acceptable as long as the deadline to file hasn't passed.

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