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FL mechanics lien & additional billable work

We have job where we filed a mechanics lien on June 1st , our 90 day deadline. Just today, we received a change order for additional billable work to be done in the next month or so. How do I handle the current lien and preserve our right to file a lien again if we are not paid in full 90 days after completion of the CO? Do I release the current lien and then file a lien again if needed?

3 replies

Jun 28, 2021

You can only amend a lien up until the expiration of the 90 days. This can get tricky so I suggest the following: If your main contract work was completed I think that you should ask for payment of the outstanding balance before agreeing to do additional work. If you had to you could treat the new work as a new contract, but you have to serve another notice to owner. This would allow you a second lien for the new phase work. Again, this is not the preferred way of doing things.

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Jun 28, 2021

Unfortunately, we already signed the CO on the current contract. So there is no way we can remove the current lien and then refile later if needed? Can the current lien be amended somehow?

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Jun 28, 2021

You can try and do that, but you take the risk of not having lien rights for the CO work. Depending on the value of the CO work you might want to consult with a lawyer and make a plan for how to deal with your specific problem.

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