Effective - 01 Jan 2017, 2 histories
429.013. Definitions — subcontractor to have lien, when — consent of owner, form — requirements — penalties for violation. — 1. The provisions of this section shall apply only to the repair or remodeling of or addition to owner-occupied residential property of four units or less. The term "owner" means the owner of record at the time any contractor, laborer or materialman agrees or is requested to furnish any work, labor, material, fixture, engine, boiler or machinery. The term "owner-occupied" means that property which the owner currently occupies, or intends to occupy and does occupy as a residence within a reasonable time after the completion of the repair, remodeling or addition which is the basis for the lien sought, pursuant to this section. The term "residential property" means property consisting of four or less existing units to which repairs, remodeling or additions are undertaken. This section shall not apply to the building, construction or erection of any improvements constituting the initial or original residential unit or units or other improvements or appurtenances forming a part of the original development of the property. The provisions added to this subsection in 1990 are intended to clarify the scope and meaning of this section as originally enacted.
2. No person, other than an original contractor, who performs any work or labor or furnishes any material, fixtures, engine, boiler or machinery for any building or structure shall have a lien under this section on such building or structure for any work or labor performed or for any material, fixtures, engine, boiler, or machinery furnished unless an owner of the building or structure pursuant to a written contract has agreed to be liable for such costs in the event that the costs are not paid. Such consent shall be printed in ten point bold type and signed separately from the notice required by section 429.012 and shall contain the following words:
CONSENT OF OWNER
CONSENT IS HEREBY GIVEN FOR FILING OF MECHANIC'S LIENS BY ANY PERSON WHO SUPPLIES MATERIALS OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT ON THE PROPERTY ON WHICH IT IS LOCATED IF HE IS NOT PAID.
3. In addition to complying with the provisions of section 429.012, every original contractor shall retain a copy of the notice required by that section and any consent signed by an owner and shall furnish a copy to any person performing work or labor or furnishing material, fixtures, engines, boilers or machinery upon his request for such copy of the notice or consent. It shall be a condition precedent to the creation, existence or validity of any lien by anyone other than an original contractor that a copy of a consent in the form prescribed in subsection 2 of this section, signed by an owner, be attached to the recording of a claim of lien. The signature of one or more of the owners shall be binding upon all owners. Nothing in this section shall relieve the requirements of any original contractor under sections 429.010 and 429.012.
4. In the absence of a consent described in subsection 2 of this section, full payment of the amount due under a contract to the contractor shall be a complete defense to all liens filed by any person performing work or labor or furnishing material, fixtures, engines, boilers or machinery. Partial payment to the contractor shall only act as an offset to the extent of such payment.
5. Any person falsifying the signature of an owner, with intent to defraud, in the consent of owner provided in subsection 2 of this section shall be guilty of a class D felony. Any original contractor who knowingly issues a fraudulent consent of owner shall be guilty of a class D felony.
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(L. 1986 H.B. 942, et al., A.L. 1989 H.B. 630, A.L. 1990 S.B. 808 & 672, A.L. 2014 S.B. 491)
Effective 1-01-17
Structure Missouri Revised Statutes
Title XXVII - Debtor-Creditor Relations
Chapter 429 - Statutory Liens Against Real Estate
Section 429.010 - Mechanics' and materialmen's lien, who may assert — extent of lien.
Section 429.014 - Lien fraud, penalties — claim against original contract, when.
Section 429.020 - Lien for street, sidewalk, sewer or pipeline adjacent to land.
Section 429.030 - Amount of property subject to lien.
Section 429.040 - Buildings on same or adjacent lots.
Section 429.050 - Priority of lien — improvements removed when — exception.
Section 429.060 - Lien shall have precedence over subsequent encumbrances.
Section 429.070 - Lien in case of licensed or leased property.
Section 429.080 - Lien filed with circuit clerk, when.
Section 429.090 - Abstract of lien by clerk.
Section 429.100 - Notification by subcontractors and others.
Section 429.110 - When owner nonresident — notice, how given.
Section 429.120 - Satisfaction to be filed, when.
Section 429.130 - Penalty for refusing to satisfy.
Section 429.140 - Duty of contractor when others file lien.
Section 429.150 - Who construed as owner or proprietor.
Section 429.160 - Assignment of mechanics' liens — rights of assignee.
Section 429.170 - Actions commenced in six months.
Section 429.180 - Pleadings as in other civil cases.
Section 429.190 - Who may be made parties.
Section 429.200 - Personal representative made party, when.
Section 429.210 - The judgment.
Section 429.220 - Judgment by default.
Section 429.230 - Judgment on constructive notice.
Section 429.240 - Judgment on personal service.
Section 429.250 - The execution.
Section 429.260 - Proceeds divided pro rata, when.
Section 429.280 - Parties to equitable action.
Section 429.290 - Equitable action exclusive of other remedies.
Section 429.300 - Other actions stayed when equitable action brought.
Section 429.310 - Time suits deemed commenced.
Section 429.320 - Appointment of referee by court, when — jury trials.
Section 429.330 - No equitable action in case of one lien.
Section 429.340 - Enforcement of decree ordering sale of property.
Section 429.350 - Enforcement of mechanics' liens by associate circuit judge.
Section 429.360 - Suits for foreclosure, process, procedure — same as other civil suits.
Section 429.440 - Lien on railroad property for work, labor, materials.
Section 429.450 - Such lien to have precedence over other encumbrances.
Section 429.460 - Account and claim of lien filed with circuit clerk, when — copy served.
Section 429.470 - Lien abstracts, contents — duties of clerk.
Section 429.480 - Secretary of state to file lien in his office.
Section 429.490 - Satisfaction filed, when.
Section 429.500 - Refusal of parties to satisfy — penalty.
Section 429.510 - Limitations of subcontractor's lien by his contract.
Section 429.520 - Actions to enforce lien, how conducted — nature of judgment.
Section 429.530 - Who shall be parties to suit.
Section 429.540 - Proceeds, when distributed pro rata.
Section 429.550 - Railroad liable to subcontractors, laborers, when.
Section 429.600 - Law, how cited.
Section 429.603 - Definitions.
Section 429.605 - Broker's lien for compensation for services, requirements.
Section 429.607 - Lien notice, content.
Section 429.611 - Lien claim release or satisfaction to be filed when.
Section 429.614 - Broker to mail copy of notice of lien to owner by certified mail.