|Lien claimants?||General contractors, subcontractors, sub-subcontractors, suppliers, and Architects/Engineers.|
|Lien covers?||Labor, materials, supplies, and equipment utilized or incorporated into the project.
Under Missouri case law, does NOT include equipment rental costs.
|Filing Deadline?||Six months after last date substantive labor or materials provided to the jobsite.
“Substantive” does NOT include warranty or punch list items, but last work substantially required to complete substantial completion of the work scope under the contract.
** For subcontractors, notice of intent to file lien must be filed ten (10) days prior to filing the line, thus shortening the filing deadline time.
|Notice Requirements?||General Contractor: Required by statute; wording set forth under RSMo 429.012.
Must be provided to owner BEFORE any payments are received by general contractor.
Notice may be provided:
– At time of contracting (ie on contract form)
– When materials are delivered (on delivery tickets)
– When work is commenced (notice of commencement), or
– With the first invoice (ie on invoice)
|Notice of Intent to Lien?||General Contractor: Not RequiredSubcontractor or lower tier claimants: Required 10 days before filing lien. Must be served on owners of record as of the date construction began.
|Lien Foreclosure?||6 months: Must initiate litigation to foreclose on the mechanics lien no later than six months after the lien filed. Recommended it be commenced at five months to allow sufficient time to serve all necessary parties.|
© Denise E. Farris, Esq.(March 2006). All rights reserved.
Farris Law Firm LLC, 20355 Nall, Stilwell, KS 66085. Tel: 913-685-3192.
The above article is provided free for generally informing the reader; and is not intended to provide legal advice. For specific information reader should seek legal counsel licensed to practice law in the state of Missouri.