I filed an NOI for $3000.00 a few week ago. I have a clause in my contract that states that additional (out-of-scope) work can be billed at $150.00/hr. That drove my fee from $1950.00 to $3000.00 because this contractor insisted on having multiple zoom meetings to argue for a design I could not approve as a PE. What he was argusing for was a design that would have put me at substantial liability risk. He has now retained an attorney who sent a threatening letter. Rather than fight about the difference, I would rather just reduce the NOI amount to the $1950.00 from the original contract and be done with it. They have no argument against that amount whatsoever. How do I reduce the NOI amount?
I assume you mean you served the NOI. A NOI is not filed. It is served to the required parties as provided under the applicable statutes.
If you have plenty of time related to filing the lien, all you have to do is issue a new NOI that has the amount you are allowed to claim. Make sure it includes all amounts, such as interest, as allowed under the law and your contract.