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Can we relase a lien, and then lien the same property again for current work on the same contract?

VirginiaLien Releases

project was stopped due to owner issues. ans we didn't receive payment so we lien the property. now, they paid us and they want lien release, but they also want us to finished the job now that owner is apparently better. What if we release the lien, but down the road they again don't pay. Can we lien again for the remaining of the work?

1 reply

Dec 3, 2019

The short answer is "It Depends." If the original lien was for work up to the date of the lien and you record a lien release in the land records but do not waive any further right to a lien, you should be able to lien for the new work. Just be sure to accurately account on the second lien (should it be necessary) so that you don't lien for any work done prior to the recording of the first lien. This is of course general advice, your specific circumstances will control.

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