Missouri Materialmen’s Lien Valid Even Where Materials Removed

Innocent Materialman Has Lien
A recent Missouri case held that a materialman’s lien remained valid even where materials were wholly removed following defective installation by a subcontractor. A seller of concrete delivered material in good condition, but Subcontractor improperly installed it, requiring its total removal. The trial Court improperly denied Seller a mechanic’s lien. “Lien interest attached to the property at the time it provided materials that were used, which does not necessarily mean “a permanent part of the construction.” “The materialman stands in a far different position than a contractor. He has no contractual relationship with the owner and cannot contractually allocate the risk of loss and would likely be unable to insure most risks.”
Bates County Redi-Mix, Inc., Appellant v. Loren D. and Debbie K. Windler d/b/a Windler Backhoe Services, Defendant, Michelle L. Cole, Respondent; and National City Mortgage, d/b/a Commonwealth United, Respondent. Missouri Court of Appeals Western District . 2005

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