Amending your construction lien is not as easy as you might think. You cannot simply revise the dollar amount of your claim or the location of the property, if you didn’t have it right the first time. Nebraska statutes require more information in the amended lien. And, if you don’t include it, you run the risk of your lien being declared invalid.
Nebraska § 52-148 authorizes the amendment of construction liens, but requires that the amended lien contain three pieces of information. The amended lien must:
- identify where the original lien was filed;
- identify when the original lien was filed; and
- state in what ways the original lien is being amended.
This subsection begins with the language, “the amendment shall state.” In lawyer speak this means you have to include this information or your lien may be subject to challenge.
To put this into perspective, the construction lien statute provides that a lien must be filed within 120 days and if you fail to do so, the lien will not be effective. In the same way, an amended lien must contain certain information, and if you fail to include this information in the amended lien, the lien may not be effective.
Construction liens often time provide your best opportunity to get paid. Make sure your liens, and amended liens, meet all the requirements of Nebraska statutes.