Construction Lien Amendment Considerations

A construction lien can be amended by recording an amended lien. Keep in mind, though, that the amended lien still needs to be recorded within 90 days of the lienor’s final furnishing to be valid.

In certain situations, an owner may record a Notice of Contest of Lien to shorten the lienor’s statute of limitations to foreclose on the lien from one year to 60 days.  When this happens, it is important for the lienor to remember that amending the lien does NOT buy the lienor more time to foreclose on its lien.  The lienor still must foreclose on its lien (even if the lien is amended) within 60 days pursuant to the Notice of Contest of Lien.

It’s always good practice to work with counsel to prepare and record construction liens.  This includes amending any lien and foreclosing on any lien pursuant to a Notice of Contest of Lien.  And, if you are an owner that receives a lien on your property, it is always good practice to work with a lawyer to determine the best strategy moving forward.

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

This entry was posted in Lien and tagged , , , , . Bookmark the permalink.