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Do I need to amend or refile a mechanic's lien due to a mistake I made?

CaliforniaMechanics Lien
Anonymous Contractor

The new mechanic's lien I filed last week has an error. The mistake I made was the written-out dollar amount does not match the amount in digits; for example, my lien looks like this: 2. The Claimant’s claim of lien after deducting all just credits and offsets, is for the sum of Four Hundred and Fifty Three Thousand and Four Hundred and Seventy-Two Dollars and Seventy-One hundredths dollars ($426,727.45), As you can see the written dollar amount and the amount in parentheses are different. The amount in parentheses is correct, but the written amount is incorrect. What do I do?

2 replies

Attorney at Carlton & Alberola
| 93 reviews
Jul 26, 2022
You can file an amended lien correcting the mistake. The new filing date does NOT extend the date by which you must file suit to foreclose on the lien. This is a large sum. If you would like to discuss my direct line is 949-356-6464. Thanks, Andrew
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Attorney at Haight Brown & Bonesteel LLP
| 27 reviews
Jul 26, 2022

Agreed. Also, there is no cut and dry answer to this question. In the law you will find cases saying both that mechanic's liens are "strictly construed" and that doubts are generally resolved in favor of the contractor. A 2014 case reaffirmed that a contractors can recover the reasonable value of its work or the contract price, whichever is less. California does not limit recovery to the figure identified in the lien. This makes sense because the ultimate amount owed is subject to proof through a trial.

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