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Can I amend a CT Mechanic's Lien after the deadline?

I have a CT mechanics lien that lists two Property Owner parties and was served on both of those parties. One of these Property Owners needs to be removed from the lien. Is it too late to file an amendment since the original Mechanics Lien deadline has passed? If so, what are my next steps?

1 reply

Apr 25, 2018

First, Connecticut is not a state where an amendment to a mechanics lien is explicitly provided for in statute. That does not mean a lien claim cannot be amended though - often, lien amendments can be filed and take affect, or, the amendment will just serve as a new mechanics lien and the original, improper lien might be able to be released. Further, filing a completely new, correct lien (rather than an attempted lien amendment) and releasing a flawed lien might also be an option. However, for this to be an available option, typically a mechanics lien deadline must not have passed. It's worth noting that as long as the correct owner does appear on the lien, even if an extra/incorrect owner also appears on the face of a lien, it's entirely possible that a filed lien would remain valid. It's important that the correct information appears on the face of the form, and it's even more important that the correct property is identified as the property subject to the lien. However, extra information might not necessarily be damning. If the time comes when the lien must be enforced though, it might be wise to leave an incorrectly named party out of an action to enforce the lien. Ultimately, it might be possible to clear things up by reaching out to the office where the lien was recorded to ask about the availability of amending or altering a filed document. If an extra, incorrect name continues to raise issues or escalate the dispute, consulting a local Connecticut construction attorney might also help clear things up. They'll be able to assess the circumstances surrounding your claim and provide advice on how to move forward.

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