Mechanic’s Lien Primer (Part Two, with Video): Be Prepared

This is the second installment of a two-part article about compliance with Missouri’s mechanic’s lien law, including recent changes that apply to new construction.

As Steven J. Blair pointed out during his presentation in Joplin, much of the focus at present is on new statutory requirements of Missouri’s mechanic’s lien law related to new construction. In addition to the law, the courts can often impact how the law will be applied.

It is important to remember that while the changes to the state’s mechanic’s lien statute relate to new construction, previous requirements of the law which affect new construction and repair/remodeling, remain in effect.

The new Notice of Rights requirement does not affect repair or remodeling work but whether you are the general contractor or subcontractor on repair/remodeling work or new construction, it is still imperative that you meet the statutory notice language requirements to maintain your lien rights.

For remodeling/repair projects, there are some specific provisions related to notice by subcontractors, also. They must give 10 days notice before the filing of the lien to the owner that they intend to file. The notice must identify the amount of the lien and the contractor who owes it to them.

For both new construction and repair/remodel work, the mechanic’s lien law still applies specific 6-month timetables to the filing of the lien statement and then filing suit to enforce the mechanic’s lien within 6 months of the statement filing.

For a more specific outline of what the mechanic’s lien law requires of original and sub-contractors related to repair/remodeling work, click here to download a copy of Blair’s “Mechanic’s Lien – Repair or Remodel” handout from the Joplin presentation. Be sure to read and review the previous “Part One” article about Blair’s presentation related to new mechanic’s lien requirements specific to new construction, including his handout on what the statute requires.

Download the checklist for NEW CONSTRUCTION by clicking here.

Download the checklist for REMODELING by clicking here.

For a sample format of the NOR, click here