Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Missouri
Missouri
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Missouri Quick Overview
| Pursuant Code | MO Rev. Stat. §§ 429.010 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | No | |
| MO Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | Conflicting statutes | |
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | Notice to Owner | |
| Prelien Minimum Information | Disclosure language per RSMo § 429.012 in 10-point bold type (for prime contractors); for subcontractors, the amount owed and identity of debtor. | |
| Prelien Minimum Notifications | Owner | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Missouri by Role
Missouri requires prime contractors to include statutory disclosure language on contracts or invoices. Subcontractors must serve a notice of intent to lien at least 10 days before recording a lien. Rental equipment providers must serve a unique notice within 15 business days of use.
Possible Exceptions, Special Circumstances, and Caveats in Missouri
Owner Occupied Residential: Special rules apply to owner-occupied residential property under RSMo § 429.013.
Residential: Owner-occupied residential property has specific notice requirements.
Mechanic's Liens in Missouri
In Missouri, a claimant must provide a preliminary notice to the property owner at least 10 days before filing a lien statement, per Mo. Rev. Stat. § 429.100. Prime contractors must also serve a statutory disclosure with their first invoice. The lien statement must be filed with the circuit court clerk within 6 months after the indebtedness accrues (Mo. Rev. Stat. § 429.080), and the lien foreclosure suit must be initiated within 6 months of filing the lien (Mo. Rev. Stat. § 429.170). Special notice rules apply for equipment lessors, including a 15-day notice requirement at the start of use (Mo. Rev. Stat. § 429.010).
Bond Claims in Missouri
On Missouri public projects, bond claims are governed by Mo. Rev. Stat. §§ 107.170 and 108.180. Claimants without a direct contract with the general contractor must provide written notice of the claim to the GC within 90 days of last furnishing labor or materials. A lawsuit on the bond must be filed no later than 1 year after the claimant last performed work or furnished materials. While not as procedure-intensive as the private lien process, prompt notice remains essential to preserving bond claim rights.
Construction Lien Waivers in Missouri
Required Format: Missouri is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.
Required Notarization: Missouri does not require waivers to be notarized.
Missouri does not require specific statutory lien waiver forms, but waivers may be executed voluntarily. A conditional waiver is advisable when payment is pending. Any waiver must be in writing to be enforceable.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Missouri counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Missouri
Frequently Asked Questions (FAQs) on Missouri Lien Processes for Contractors
Do I need to send a preliminary notice to preserve my lien rights in Missouri?
Yes. All claimants other than the prime contractor must send a preliminary notice to the owner at least 10 days before filing a lien. Equipment lessors have a special rule requiring a 15-day notice before first use of the equipment.
How long do I have to file a mechanic's lien in Missouri?
The lien statement must be filed with the clerk of the circuit court within 6 months after the debt accrues (usually measured from last furnishing of labor or materials).
When is the deadline to start a lawsuit to enforce a Missouri mechanic's lien?
You must initiate a lien foreclosure lawsuit within 6 months after filing the lien statement.
Do suppliers and equipment lessors have the same rights as contractors in Missouri?
They have similar lien rights but must meet specific notice rules. For example, equipment lessors must give the property owner written notice 15 days before equipment is used on the site.
What are the requirements to make a claim on a payment bond for public projects in Missouri?
Claimants without a direct contract with the general contractor must send notice within 90 days of last furnishing and file suit within 1 year from their last furnishing date.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
