We were contracted for $299,925. We have been paid for $252975, leaving a balance of $46,950. This balance is for work we have yet to complete. We sent a change order for $53,431 for work that was not in the contract. We want to lien the project for that change order, however since that lien total is more than what is owed on the contract Levelset is unable to process the lien. Please advise.
A change order, if properly executed, is a change to the underlying contract. Accordingly, work performed pursuant to a valid change order is generally part of the contract amount which may be protected/recovered through a mechanics lien filing. Note, specifically, an FAQ regarding what amounts may be included in a Nevada mechanics lien states: "Generally, the lienable amount is the unpaid contract amount subtracting any deductions or credits and adding any change orders."