Missouri Pre-Lien Notice to Owner Regarding Potential Mechanic's Lien for Services to be Provided to General Contractor

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US-01003BG
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Description

A mechanic's lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien covers the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute.



Statutes frequently require the potential lienholder to give notice of a claim of lien. Local statutes must be consulted to determine applicable requirements with respect to particular types of lien notices.

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FAQ

A Mechanic's Lien allows a claimant (such as a contractor, subcontractor, or supplier), who is providing labour or materials for another party, to establish a legal claim for their labour and/or supplies in the case of outstanding payments.

The Preliminary Notice These notices allow you to track who has a potential claim against your property. Subcontractors and suppliers must provide you with this notice in order to maintain their right to file a lien. If they don't provide you with the notice, they lose the right to file a lien.

Non-purchase-money security liens. Statutory liens. Mechanic's liens / tax liens. Judgment liens.

Missouri law (R.S.Mo. 429.005. 1, et seq.) grants general contractors, subcontractors, suppliers, and laborers the ability to assert a mechanic's lien for labor and materials provided to a property, provided the lien is properly filed within six months of the last date of work (excluding warranty and corrective work).

A notice of intent to lien is a legal document that is filed by a contractor or supplier who has not been paid for goods or services provided to a property owner. The notice serves as a warning to the property owner that the contractor or supplier intends to file a lien on the property if the debt is not paid.

Get a Final Affidavit of Payment When you make your final payment to the contractor, you can have him sign an Affidavit of Payment, stating that he has paid everyone on the job. This will give you a defense to anyone who later files a lien, and will essentially wipe out the lien.

Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid.

Preventing Liens Keep track of Preliminary Notices so that you are aware of who may file a lien claim on your property. There are a few specific methods you can use to make sure potential lien claimants have been paid: JOINT CHECKS Joint checks are the simplest way to prevent construction liens.

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Missouri Pre-Lien Notice to Owner Regarding Potential Mechanic's Lien for Services to be Provided to General Contractor