In the event that a party other than the original contractor wishes to claim a lien against improved property, Missouri statutes require that prior to filing a Lien Claim, the claimant should give the property owner ten (10) days written notice. This form sets forth the amount of the lien and must be served upon the property owner or his agent.
Kansas City Missouri Subcontractor's Notice to Owner by Corporation
Category:
State:
Missouri
City:
Kansas City
Control #:
MO-05A-09
Format:
Word;
Rich Text
Instant download
Description
How to fill out Missouri Subcontractor's Notice To Owner By Corporation?
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FAQ
A construction lien is a claim made against a property by a contractor or subcontractor who has not been paid for work done on that property. Construction liens are designed to protect professionals from the risk of not being paid for services rendered.
Missouri Statute 429.005 et seq. grants general contractors, subcontractors, suppliers, and laborers the ability to assert a mechanic's lien for labor and materials provided to or incorporated into a property if the lien is properly filed within six months of the last date of work by the contractor/subcontractor.
A mechanic's lien must be filed with the Circuit Court in the county where the real property is located. Once a mechanic's lien is filed, the contractor, subcontractor, or supplier must then file a petition to enforce the mechanic's lien in the proper court within six months after the filing of the lien.
The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.
§429.100 RSMo. requires all persons, except a general contractor, to serve upon the property owner a notice ten days prior to filing a mechanics lien. The notice must state that the person has a claim on the improvements to the property, the amount of the claim, and who owes that amount.
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).
In Missouri, mechanics liens are valid for 6 months after filing. Unless you extend the lien, you have this 6 month window to enforce your lien claim if you need to. If you go unpaid for a long time, you can always file a notice of intent to foreclose to spur payment.
A judgment lien is one way to ensure that the person who won the judgment (the creditor) gets what he or she is owed. A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property.
For owner-occupied residential projects of 4 units or less, only parties with a direct contract with the owner-occupier may assert a mechanics lien, unless the owner has signed a Consent of Owner document which allows mechanics liens by unpaid subs and suppliers.
