Q: A contractor is not paying within the 90 days from set date on a commercial construction project. A CO was added.
The change order is for elevator caps. Does the change order change the lien filing deadline? We are a specialty subcontractor. Is the work remedial or final furnishing?
A:
Unfortunately, issues like this need to be run by experienced construction counsel who can analyze the very specific facts, any applicable contract provisions, and statutory requirements.
As a legal matter, as a general rule, change orders which form part of the main contract have little effect on the 90 days allowed to record the lien after the last day of furnishing to the project. Conversely, and again only as a general rule, corrective or punch list work (even if a change order is issued) does not extend the time for unpaid contractor to record the construction lien.
If you are regularly engaged in the construction trade, it is prudent to have construction counsel on your side and available to advise. I wish you luck with this situation.
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