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Loophole for filing deadline

We install fences and had a customer set up on payment plans but after 6 months she stopped paying. We finished the job about a year ago. My question is if we went back to the home and say adjusted the gates or did warranty work would this reinstate the finish date so a lien could be filed? We work in kansas and missouri.

1 reply

Jan 30, 2018

I'm sorry to hear about that. However, intentionally manipulating deadlines is a bad idea - doing so would very likely lead to invalid lien filings and would open up a claimant to further liability for a fraudulent lien filing. Further, remedial or punch list work will typically not extend a mechanics lien deadline. Unless work was completed under the contract or pursuant to a valid change order, lien rights may not be based off of the work performed. While lien deadlines may have passed, other modes of recovery will still be available such as litigation or potentially small claims court. While those avenues for recovery can be riskier and potentially more expensive for a lien claimant, they're much better options than attempting to create a loophole to manipulate the lien filing deadline.

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