Missouri

PRELIMINARY NOTICE

Prime contractors – a notice that includes the disclosure language set out in RSMo § 429.012 (West) in ten-point bold type, must be provided by the prime contractor to the owner at the time set forth by statute § 429.012. Subcontractors must serve notice of intent to file lien 10 days prior to filing the lien. RSMo § 429.100 (West). To lien for any rental equipment, notice must be given within 15 business days of the commencement of the use of the rental machinery or equipment to the property owner that rental machinery or equipment is being used upon their property. RSMo § 429.010 (West). Owner-occupied residential property has special notice requirements. RSMo § 429.013 (West).

CONTENTS OF PRELIMINARY NOTICE

A notice that includes the disclosure language set out in RSMo § 429.012 in ten-point bold type, must be provided by the prime contractor to the owner at the time set forth by statute § 429.012 (with contract, with first invoice, etc.). Subcontractor notice requirements are set forth in RSMo § 429.100 (West) – the subcontractor must identify that it holds a claim against such building or improvement, setting forth the amount and from whom the same is due. WHEN

COMPLETION OCCURS

The time to lien runs from the last date of base contract work for the liening party, not from project completion. Punch List work or warranty work does not extend the time to lien.

TIME LIMIT FOR RECORDING MECHANICS LIEN

Within six months after the indebtedness accrues. If the lien is for rental equipment, the lien must be filed within sixty (60) days after the removal of the equipment from the site.

TIME LIMIT FOR ENFORCING MECHANICS LIEN

An action to enforce a lien must be commenced within six months after filing the lien. RSMo § 429.170 (West).

FORECLOSURE OR DISMISSAL BY COURT

Not applicable