Mechanic's Liens in the St. Louis Area

Missouri first enacted a mechanic's lien law in 1822. The law is very statute driven, varies significantly based on the relationship the individual who wants to file the lien had with the owner of the property and requires that the lien filer dot every "i" and cross every "t" to properly use the law. In addition, the mechanic's lien's priority may be in competition with other mechanic's lien filers.

Contractors, subcontractors and suppliers of materials (which in addition to actual construction work, can include work by architects, engineers, surveyors, landscapers, demolition contractors, commercial real estate appraisers and commercial title examiners) can use the mechanic's lien statute to place a lien on the property if they are unpaid for labor or materials for that property.

If you need to obtain a mechanic's lien or wish to fight one that has been put on your property, we can help. Consult with our lawyers at TdD Attorneys at Law for help through your lien concerns.

Mechanic's Lien Defense Attorney — Serving Missouri

In order to file a mechanic's lien, the owner of the property must have received the proper notice. The notice requirements vary on whether the individual or company that wants to file a mechanic's lien was an "Original Contractor," meaning they contracted directly with the property owner, subcontractor, and whether the property owner also lives in the property. For original contractors, the notice should be included in their bids, contracts and invoices, and there should be a procedure in place to ensure all of the necessary signatures are being obtained.

Common mechanic's lien defenses are:

  • That the proper notices were not sent
  • The contract does not have all the necessary signatures
  • The mechanic's lien was not filed prior to the filing deadline

A mechanic's lien statement must be filed within six months from the last date work was performed. Once the lien statement is recorded, the lien filer then has another six months period to file a lawsuit to foreclose the lien.

Many contractors don't realize that even if they never had any interaction with the property owner, nor know who the owner is, they still may be able to file a mechanic's lien against the property where they worked or supplied materials. Finally, even if a mechanic's lien is not available, there is still the ability to file a lawsuit for nonpayment; if a judgment is obtained, the judgment can be a lien on the property and can lead to other collection options.

St. Charles Area Mechanic's Lien Waiver Law Firm

From offices in St. Louis, Missouri, TdD Attorneys at Law LLC represents clients in communities throughout the St. Louis metro area from St. Charles to St. Louis City. Contact attorney Ted Disabato at 314-527-3224 to schedule an initial consultation with an experienced law firm today. Our firm offers reasonable fees and payment arrangements to all clients.

You can find the current mechanic's and materialmen's lien statutes in Chapter 429 of the Missouri Revised Statutes.