Correcting Mistakes in a Construction Lien
On July 26, 2008
By Scott Wolfe Jr
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It seems that a hundred things can go wrong when filing a construction lien. We’ve heard horror stories from clients of filing liens against the incorrect property, in the wrong parish or county, or for the wrong amount entirely!
It is of course possible to make a mistake when preparing or filing your construction lien. This begs a very important question: How do you fix it?
In Washington and Louisiana, the recorder’s office will require you to file an “amended” instrument, which is, for the most part, simply a new lien.
If the “error” or “mistake” is critical enough to compromise the validity of your lien, the amended lien must also be filed within the statutory lien period! If your mistake invalidates your lien, and your amendment is filed afterthe lien period…your first lien will be invalid because of the error and your second lien will be invalid because it’s untimely.
About the Author: Scott Wolfe Jr
Scott Wolfe, Jr. obtained his J.D. degree from Loyola University of New Orleans, and his B.A. from Southern Methodist University in Dallas, TX. In 2006, 2007, 2008 and 2009, Scott was recognized as a Leader in Law by CityBusiness Magazine. The son and grandson of general contractors, Scott is a construction litigator in the Pacific Northwest, and the founding member of the bi-coastal law firm, Wolfe Law Group. Scott is also the founder and CEO of Express Lien, Inc., a legal document preparation service for contractors. In 2008, City Business Magazine recognized Scott as one of its Innovators of the Year for the Express Lien concept. As an entrepreneur himself, Scott has a strong background in business and commercial transactions and laws. He focuses his practice on the legal issues facing the construction industry, and has represented clients in multi-million dollar construction disputes in litigation and alternative dispute resolution proceedings. Scott is a LEED AP.
