we are HVAC contract. so the owner of the building didn't pay us the invoices due, therefore we did file for a mechanical lien. now after they did receive the lien they came back to us promising they are going to pay all invoices in full after we finish the job. now they asked us to cancel the lien, lets's say we did cancel it. and in a couple of months after, they backed up again and refused to pay, can we put another mechanical lien? my concern is if we do cancel the mechanical lien we have right now against the building, do we lose our right to do another lien? Please help!
You are right to be suspicious of risking your lien rights should you release the lien. The key date for filing a mechanic's lien is that it must be filed within 8 months of your last substantive work on the project (or 4 months if it's a single family home). Going back to finish a punchlist isn't enough, and if you release the lien and you're outside of the 8 months, you can't put the lien back. If the lien is genuinely a problem for the owner, then there are other ways that it can get rid of the lien. The owner always has the right to procure a lien discharge bond, or deposit the money into court, so that you have a remedy even though the lien is removed from the property. Or, if it's a part of a settlement, I've acted as escrow agent so that there's money held back while the work is completed, and it's released upon completion. In short, there are ways to protect your rights that do not rely on a mere promise.
You should be very suspicious of a request that you remove the lien - unless, of course, you have been paid for your work. I have seen clients get burned in these situations - they remove a lien based on a promise they will be paid, only to be stuck unpaid AND with no lien rights. It is difficult to see any upside/benefit to you removing the lien, without receiving payment for the work performed.