WHO MAY CLAIM Any person who performs work or furnishes materials pursuant to a contract with the owner or his/ her agent. Includes architectural, engineering, surveying, and landscaping work. MO REV STATE § 429.010 MO REV STATE § 429.015 DEADLINE TO PERFECT Lien demand must be filed within 6 months after (1) indebtedness shall have accrued (the last labor performed or materials furnished). Manning Const. Co., Inc. v. MCI Partners, LLC (App. W.D. 2013) 419 S.W.3d 134,. NOTE: Rental equipment claimants must file lien demand within 60 days after date last machinery removed. MO REV STATE § 429.080 BROKEN PRIORITY Lien date relates backs to the commencement of buildings or improvements. “Commencement” means visible commencement of actual work or improvement that makes it apparent that improvement will be made. Does not include clearing or staking, but does include foundation excavation. Drilling Serv. Co. v. Baebler, 484 S.W.2d 1, 9 (Mo. 1972) NOTE/EXCEPTION: It is a question of fact whether a mortgagor’s conduct might remove purchase money priority for said mortgagor, RSMo. 429.050; Trout’s Investments, Inc. v. Davis, 482 S.W.2d 510.(Mo. 1972) MO REV STATE § 429.060 DURATION OF LIEN Lien will cease if not enforced within 6 months after filing. MO REV STATE § 429.170 CONTENTS OF LIEN (1) Verified statement under oath by lienor or credible person on lienor’s behalf; (2) the amount due with credits; (3) true description of property sufficient to ID the same; and (4) name of owner or contractor (or both), if known. Substantial compliance is sufficient. If error intentional/with knowledge or cannot distinguish between lienable and nonlienable, then will be invalidated. Brentwood Glass Company, Inc. v. Pal’s Glass Service, Inc., 499 S.W.3d 296 (Mo. 2016). MO REV STATE § 429.080 MISSOURI MISSOURI – 528 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN
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