Construction Liens in Missouri

M/L Code/Statute

Mo. Rev. Stat. §§ 429.010 et. seq.

Authority for Lien

Any person who shall do or perform any work or labor upon land… or furnish any material… for any building, erection or improvements upon land, or for repairing, grading, excavating, or filling of the same… by virtue of any contract with the owner or proprietor thereof, or his or her agent… upon complying with the provisions of sections 429.010 to 429.340, shall have for his or her work or labor done… a lien upon such building, erection or improvements, and upon the land belonging to such owner or proprietor on which the same are situated… (RSMo 429.010(1))

Mechanic's Lien Priority

The lien for the things aforesaid, or work, shall attach to the buildings, erections or improvements for which they were furnished or the work was done, in preference to any prior lien or encumbrance or mortgage upon the land upon which said buildings, erections, improvements or machinery have been erected or put… (RSMo 429.050) The lien for work and materials as aforesaid shall be preferred to all other encumbrances which may be attached to or upon such buildings, bridges or other improvements, or the ground, or either of them, subsequent to the commencement of such buildings or improvements. (RSMo 429.060)

Filing (Lien) Period

In post construction/improvement sale transactions, a Notice of Rights must be recorded by the lein claimant in the office of the Recorder of Deeds, not less than five (5) days prior to the date of closing stated in the Notice of Intended Sale recorded by property owner. Subsequent to that fing, the lien claimant has six (6) months to file his claim with the clerk of the circuit court in the proper jurisdiction. (RSMo 429.080) NOTE: Filing requirements and lien periods are different for residential versus non-residential property and for improvements versus demolition or material supply - review the Revised Statutes of Missouri Section 429 closely.

Period to File Action

All actions under sections 429.010 to 429.340 shall be commenced within six months after filing the lien, and prosecuted without unnecessary delay to final judgment; and no lien shall continue to exist by virtue of the provisions of said sections, for more than six months after the lien shall be filed, unless within that time an action shall be instituted thereon, as herein prescribed. (RSMo 429.170)

Tenant Improvements

On April 12, 2016, the Missouri Court of Appeals for the Eastern District handed down an opinion Crafton Contracting Company, et al. v. Swenson Construction, Inc.

Under this opinion, unpaid mechanics lien subcontractor claimants who performed tenant finish improvements in a shoe store in a regional shopping mall were able to establish and enforce mechanics liens against the entire mall property. The tenant is as an agent of the owner/landlord for purposes of the Mechanics Lien Statute, §429.010, R.S.Mo.

Cross-References

• Missouri
• Construction Liens