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Can we amend a lien in North Dakota?

Anonymous Subcontractor

We decided to lien an ongoing job because it appeared to be ending in the near future. Shortly after we filed the lien, it appears the job will go longer. The invoices on the lien were paid, but there are now several more invoices that are going unpaid. Are we able to add the more recent invoices to the lien or file a second lien? Or once we file a lien, are we blocked from filing a second lien?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 992 reviews

Jul 7, 2020

If the debts giving rise to a mechanics lien claim have been paid, then that lien should be released. Even if there are future debts that may have to be paid - that doesn't serve as a valid basis for leaving a prior lien intact. Levelset discusses that idea here: Do you Have to Cancel a Mechanics Lien, or Will It Expire? Generally speaking, a second lien claim could likely be filed later on - and that'd probably be more appropriate. Granted, when releasing a lien on an ongoing job, it's crucial to make sure that release won't block future lien filings. Sometimes, lien releases will relinquish all future rights on the project - so it'd be wise to make sure the release simply releases the filed lien document because the specific debts on that lien have been paid.

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