Menu
Home>Levelset Community>Legal Help>What should you do if you sent a lien waiver for the wrong amount?

What should you do if you sent a lien waiver for the wrong amount?

FloridaLien Waivers

While issuing a lien waiver, the amount was listed as $500,000.00 instead of $50,000.00. A corrected waiver was resent afterwards, but now we have a waiver tied to that job releasing $500,000.00. Should we do a negative release to correct the mistake or should a type of retraction be sent?

1 reply

Oct 22, 2019
There's not a particular cut and dry solution for correcting a mechanics lien waiver sent featuring the incorrect amount. While mechanics lien statutes regularly discuss the potential for error in a lien claim (including Florida's mechanics lien statute), there's usually not much insight for what to do with waivers sent in error. But, in a situation where a flawed mechanics lien waiver has been sent out, immediately contacting a customer and informing them of the error may be a good first step. Further, sending a document like a retraction letter which explains the error and attempts to "take-back" the prior waiver is another good step. While it may or may not ultimately be effective, having everything in writing is better than verbal communications. For a little more background on Florida lien waivers: Florida Lien Waivers Guide and FAQs. For more on retraction letters: How and Why to Send a Retraction Letter.
1 person found this helpful
Helpful