Missouri Mechanic’s Liens Law
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. 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 St. Louis real estate lawyers at TdD Attorneys at Law LLC for help through your lien concerns.
Common Mechanic’s Lien Claims in St. Louis
In order to file a mechanic’s lien, the owner of the property must have received the proper notice. The notice requirements vary depending on whether the individual or company that wants to file a mechanic’s lien was an “Original Contractor,” meaning that they contracted directly with the property owner or, subcontractor and whether the property owner also lives on 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 that 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.
Timeline For Filing A Mechanic’s Lien In Missouri
Further, 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.
Contact Our St. Louis Mechanic’s Liens Attorneys Today
From offices in St. Louis, TdD Attorneys at Law represents clients in communities throughout Missouri. Contact our St. Louis real estate lawyers at (314) 276-1318 to schedule an initial consultation today.