Home>Levelset Community>Legal Help>If I release an already filed lien, do I then still have lien rights later?

If I release an already filed lien, do I then still have lien rights later?

I recently filed a mechanics lien on two projects with the same general contractor client. He is wanting us to release the liens and be more patient. We still have time if we never filed a lien in the first place. If we release it, will we still have rights to lien on the same project later in case the client does not come through with payment? We don’t want to then lose our lien rights if we release this lien now per our clients request.

1 reply

Jul 7, 2020

Yes, you may release to lien and subsequently record a new one. You have 90 days from project completion, absent a notice of completion, to file a lien. If there is a notice of completion, as a subcontractor, you have 30 days from that notice. As long as you are within these deadlines, and you don't sign an unconditional waiver for the unpaid money in question, you are eligible to file a new lien after releasing the old lien. Note that once a lien is recorded you only have 90 days from the date of recording to file an action to foreclose the lien. If you require legal assistance email me at ryan@huntortmann.com to schedule a free consultation.

1 person found this helpful

Helpful