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How is filed NY lien amended to increase the lien amount for additional work done as a result of a work-stoppage letter

New York

Im a contractor who has not been paid; original lien amount for work completed not paid. Issued a work-stoppage letter from client lessee of NY space; have additional amounts of work not paid pre-stoppage letter and post-stoppage letter (demobilization, storage). Want to amend lien for entire amount, but concerned will lose priority of filing. Do I file a new lien with just the increased amount in order to preserve filing date of priority for original lien? Can I amend the original lien to increase the amount so as not to lose the filing date? Can interest be added to the amounts unpaid as part of lien amount? Thank you

4 replies

Feb 18, 2021
Greetings, based on the information above, you may be able to amend the lien depending on the facts, circumstances and timeline. Some of the items you listed are lienable, some may not be, you have to be careful of a willful exaggeration claim which could subject you to liability and/or discharge the lien. You should consider retaining a construction attorney, our firm files liens for a flat fee and we can tell you which items you can lien for and which items you cannot, best of luck.
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Feb 18, 2021
Hi, There is no priority among liens based on filing dates or amendment dates. The only issue for lienors is the status of the funds. If an owner has paid a contractor in full for say roofing, then the roofing subcontractor's lien might have no value. Interest is not a proper component to a lien.
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Feb 18, 2021
Even if interest is required to be paid by client on unpaid invoices?
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Feb 18, 2021
if you do include the interest, identify it separately in the body of the lien. but i recommend against it.
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