We filed a lien. Then filed an extension. It is expiring in a couple of days. What are our options?
We have other work we have done and unpaid. Can we file another?
Nov 21, 2017
Typically, sending a document such as a "Notice of Intent to Foreclose" would be a helpful next-step, but it sounds like there might not be time to send such a document. If the lien has been filed and is about to expire, the next step may be to foreclose the lien by filing suit. You should consult with a local construction attorney as soon as possible to decide on a plan of action. Regarding the other unpaid work, a separate lien can be filed for separate work that has been performed so long as you would otherwise be eligible to file a lien on that work (the type of work is lienable, notice requirements have been met, etc.). However, be very careful - the second lien claim cannot include the amounts that were included in the first lien claim. Consequences for filing fraudulent or overstated liens can be steep, and commingling the amounts of the two claims could create serious problems. If your rights to the first lien claim expire, they may not be revived by a subsequent lien (even if some of the amount liened arises out of new claims).