I'm a subcontractor. My contractor has 2 invoices that are due. He gave me a check for 1 invoice but not the second. The 1st check will not be "cleared" by my bank until several days after the mechanic's lien needs to be filed. The contractor is notorious for writing bad checks. Do I need to file 2 separate mechanics liens, one for the 1st invoice (that I have a check for but hasn't cleared) and 1 for the remaining outstanding balance? Or do I file 1 lien for the entire amount? Thank you
Assuming both invoices involve the same property and project, then ONE mechanics lien.
Thank you.
Hi,
You should file one lien. Even if the first check clears, you do not have to amend your lien. If you end up filing suit on the lien (you must do so within 90 days of recording the lien), the reduced lien amount will be stated in your complaint.
Good luck!