I have a lien filed on a project already. The GC is ready to pay, but only partial with the stipulation that we reduce the lien. Is this possible? Will we lose our lien rights if we do this? If this can't be done, Can I refile the lien on the project for a different amount without losing my lien rights considering the date is past?
Yes. You can amend your mechanic's lien to state a reduced amount and to reflect a partial payment. You should not release the lien and file a new one, as you may be out of date.
Retain a construction attorney to evaluate your situation and to provide advice.
Good luck.
File a partial release for the amount paid
Need an attorney to draft it to make sure you preserve the balance of the lien