Missouri mechanics lien law and deadlines

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.

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.