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does a change order extend the time of the contract to file a lien

Florida
Anonymous Contractor

If i need to file a lien can i go by the date i finished the change order that was added to my contract or do i need to go by the date that we actually finished the contract work?

4 replies

Attorney at Dinsmore & Shohl, Llp
| 167 reviews
Dec 14, 2020

The critical date is the day you were last out there performing work in furtherance of the contract, as modified by change orders. However, this last day needs to be a day you were performing substantial work under the contract, not just punch out or warranty work. So if the change order was for something small, then it might not count to extend your deadline. Further, if the contract was not authorized under the contract, then you may also run into issues with the lien. My suggestion is that you contact an attorney to discuss your options and timelines. 

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So long as the Change Order was substantive scope work, and not punch list and/or clean up work, you would base your lien timing off the date you completed the Change Order work.  

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The time to file is based on the date of last performance of non-warranty work. So the issuance of a change order that does not involve actually performing new work in the field would be unlikely to change the due date for the lien filing, i.e., 90 days after last performance. Id the work was completed say 180 days ago, and there was a new c.o. to add work, I’d have to look up the case law to see if that would revive the filing period for the whole contract balance vs just the amount of the c.o.
 
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Dec 16, 2020

You go by the date you LAST performed work on the site, which includes work pursuant to an approved change order.

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