A subcontractor has received partial payment of the lien amount and we need to now if they can amend their lien claim under Florida law.
Aug 6, 2019
Modifying already filed liens is a tricky and dangerous business, and one that should generally be avoided absent specific statutory direction that allows for the reduction of amount claimed due by a lien at any time.
Florida statutes discuss the "discharge" of a lien as an all or nothing proposition. Whether a partial discharge may be filed, and what effect it would have (if any), is a different and difficult question. Generally, when partial payment is received after a lien has been filed there are three distinct options:
1. Do Nothing and Leave the Mechanics Lien in Place As-Is
2. (Attempt to) File a Partial Release/Satisfaction of Lien
3. (Attempt to) Amend the Existing Lien to Reflect the New Total Lien Amount