Article Date: 12/06/2013


Lien Filing Period Not Extended by Subsequent Change Order Work


The statutory period for filing a mechanic’s lien cannot be extended by agreement of the project owner and contractor. When change orders were issued for that purpose, the change order work did not extend the filing deadline.

 

The federal Miller Act prohibits the prospective waiver of payment bond protection. Consequently, a no-damage-for-delay clause in a subcontract was unenforceable in a delay claim seeking the increased cost of labor furnished to the project.

 

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