we filed a lien on a job and now have additional billings for change orders. When filing a subsequent lien do I include the prior amount plus the new amount or just the new billing amounts.
Hello!
Best practice would be to have each lien address the new billing amounts.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com
If there are new amounts for which you seek to make claim, make sure that you have provided notice by certified mail to the owner and general contractor by the 15th day of the third month after the month in which the work was performed (for commercial projects) or the 15th day of the second month after the month in which the work was performed (for residential projects) of the unpaid amount with a request for the owner to trap funds.
Please note that your lien rights do not arise from the signing of change orders but from when the extra work was performed.
If you file a second lien, make sure that you indicate that the amount sought is in addition to the amount in the first lien.
Retain a construction attorney to evaluate your legal situation, and to provide advice.
Good luck.