Mechanics liens

Missouri mechanics lien law and deadlines

Missouri gives you six months after the debt accrues to file a lien with the circuit clerk and six months after filing to sue, but missing an up-front notice can kill the lien before you start.

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A Missouri mechanics lien is filed with the clerk of the circuit court in the county where the property sits, within six months after the debt accrues (RSMo 429.080). The lawsuit to enforce it must start within six months after filing (429.170). Those windows look generous. The trouble in Missouri is the front end: a general contractor who skips the statutory notice to owner has no lien at all, and on owner-occupied home remodels a sub needs a signed consent from the owner.

Missouri mechanics lien deadlines at a glance (RSMo Chapter 429)
RequirementWhoTiming
Notice to owner disclosure (10-point bold)Original contractorsAt contract signing, material delivery, start of work, or with the first invoice, and before receiving any payment (429.012)
Consent of ownerAnyone other than the original contractor on owner-occupied residential repair or remodel of 4 units or lessSigned by the owner in writing; a copy must be attached to the recorded lien (429.013)
Notice of rightsClaimants on residential property the owner is selling, once the owner records a notice of intended saleRecorded with the recorder of deeds at least 5 calendar days before the closing date in a notice of intended sale (429.016)
10-day noticeEveryone except the original contractorAt least 10 days before filing the lien (429.100)
Rental equipment noticeEquipment lessors, commercial property only, claims over $5,000Within 15 business days after the equipment is first used (429.010)
File lienAll claimantsWithin 6 months after the debt accrues; within 60 days after removal for rental equipment (429.080)
Enforcement suitAll claimantsWithin 6 months after filing the lien (429.170)

Who has lien rights in Missouri

Section 429.010 is broad. It covers anyone who performs work or furnishes material, fixtures, or machinery under a contract with the owner or the owner's agent, contractor, or subcontractor. Landscaping, tree and shrub planting, outdoor irrigation, grading, and excavation are all named. Equipment rental companies have a narrower right: commercial property only, a claim above $5,000, and a written notice within 15 business days of first use.

Design professionals get their own section. Under 429.015, registered architects, professional engineers, landscape architects, and land surveyors have lien rights, and they can lien even if construction never starts, provided they contracted directly with the owner or lessee. Well drillers and demolition contractors are covered in the same section.

The notices that make or break a Missouri lien

Missouri does not use a single preliminary notice for everyone. It uses several, each tied to a type of claimant or job.

  1. Original contractor notice (429.012). The GC must give the owner the statutory NOTICE TO OWNER text in 10-point bold type, warning that unpaid subs and suppliers can lien the property and that the owner may ask for lien waivers. Giving it is a condition precedent to the GC's lien. Many contractors print it right in the contract. It does not apply to new homes where the buyer has lien protection through a Missouri-registered title insurer.
  2. Consent of owner (429.013). On repair, remodeling, or additions to owner-occupied residential property of four units or less, subs and suppliers have no lien unless the owner signed a separate CONSENT OF OWNER in 10-point bold. Without it, the owner's full payment to the contractor is a complete defense.
  3. Notice of rights (429.016). On residential real property built for sale, a claimant must record a notice of rights with the recorder of deeds at least five calendar days before the closing date stated in a notice of intended sale, or the lien right is forfeited.
  4. Ten-day notice (429.100). Every claimant other than the original contractor must give the owner at least 10 days' notice before filing, stating the amount and who owes it.

Filing and enforcing the lien

The lien is a verified, just and true account of the amount due after all credits, with a property description and the owner's or contractor's name, filed with the circuit clerk. Accuracy matters more than usual here. Missouri courts have voided entire liens that knowingly included non-lienable items, and the annotations under 429.080 note that the filing period cannot be extended or waived. After filing, the suit must be commenced within six months. Every claimant other than the original contractor must also have served the 10-day notice first, so count backward from the six-month filing date.

Lien waivers in Missouri

Under 429.005, an agreement to waive lien rights in exchange for being awarded the contract or subcontract is against public policy and unenforceable. The same section says contracts may still require lien waivers as a condition of payment, and it does not prescribe a waiver form, so the wording is negotiated. Missouri also treats fraud seriously: a contractor who knowingly issues a fraudulent lien waiver or false affidavit commits a class D felony under 429.012.

Public projects: payment bonds, not liens

RSMo 107.170 requires public entities to obtain a payment bond on public works contracts estimated to exceed $50,000. The bond covers labor and materials at any tier, and providing it bars subcontractors and suppliers from filing a mechanics lien under Chapter 429. Remote suppliers have their own written notice requirement before they can recover on the bond, so read the statute before shipping to a public job.

Staying ahead of Missouri deadlines

Build the notice to owner into every prime contract, collect the consent of owner on every occupied-home job, and calendar the 10-day notice so it lands well before the six-month filing date. Smart Business Automator ties invoices, waivers, and aging to each job in construction accounts receivable automation. See also the Missouri prompt payment rules and Missouri contractor licensing.

Frequently asked questions

How long do I have to file a mechanics lien in Missouri?

Six months after the debt accrues, filed with the clerk of the circuit court in the county where the property is located. Equipment rental claims must be filed within 60 days after the equipment is removed.

Does Missouri require a preliminary notice?

Original contractors must give the statutory notice to owner before receiving payment. Other claimants must give the owner 10 days' notice before filing, and owner-occupied residential remodels require a signed consent of owner for anyone other than the original contractor.

How long does a Missouri mechanics lien last?

An action to enforce the lien must be commenced within six months after it is filed. If no suit is filed in that time, the lien does not continue.

Can I waive my lien rights to win a Missouri subcontract?

No. RSMo 429.005 makes an up-front waiver given to win a contract or subcontract unenforceable. Waivers given as a condition of payment are still allowed.

Can I file a mechanics lien on a Missouri public project?

Generally no. Public works contracts estimated over $50,000 require a payment bond, and providing that bond bars subcontractor and supplier liens. Claimants pursue the bond instead.

Sources

  1. Missouri Revisor of Statutes: RSMo Chapter 429 index
  2. Missouri Revisor of Statutes: RSMo 429.010
  3. Missouri Revisor of Statutes: RSMo 429.012
  4. Missouri Revisor of Statutes: RSMo 429.013
  5. Missouri Revisor of Statutes: RSMo 429.015
  6. Missouri Revisor of Statutes: RSMo 429.016
  7. Missouri Revisor of Statutes: RSMo 429.005
  8. Missouri Revisor of Statutes: RSMo 429.080
  9. Missouri Revisor of Statutes: RSMo 429.100
  10. Missouri Revisor of Statutes: RSMo 429.170
  11. Missouri Revisor of Statutes: RSMo 107.170

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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