Full question:
Can a lien value be amended to a greater value due to an accounting error - after the initial time period has expired?
- Category: Civil Actions
- Subcategory: Liens
- Date:
- State: Connecticut
Answer:
The ability to amend a lien value after the expiration of the initial time period depends on the type of lien involved.
If the lien secures payment of a money judgment, you may petition the court that issued the judgment to modify it. For liens related to workers' compensation claims or personal injury suits, it is possible to adjust the lien to correct an accounting error, but you must petition the court and provide proof of the error.
In the case of a mechanics lien, which secures payment for unpaid home improvement work, the situation can be more complex. If a contractor has overstated the amount owed, they risk losing the right to enforce the lien. Generally, a general contractor can file a lien for the unpaid contract price, while a subcontractor can file for the reasonable value of their work or materials.
Minor mistakes in calculations may not invalidate a lien, but significant or intentional errors likely will. A lien must be calculated in good faith and with reasonable care. An intentional overstatement can invalidate the lien entirely, and even an unintentional overstatement could do so if it resulted from gross negligence.
Even if a lien claim is invalid, other claims, such as breach of contract or quantum meruit, can still be pursued. However, losing a lien claim due to careless or exaggerated calculations can be a significant disadvantage.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.