Missouri Lien Waiver Rules
- Rules At A Glance
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Specific form Required
Missouri requires that a lien waiver must follow a provided statutory form in order to be valid.
Notarization Not Required
Missouri does not require that lien waivers be notarized in order to be effective. However, there are specific signature requirements that apply to residential jobs.
Cannot Waive Rights in Contract
Missouri does not allow lien waivers prior to or included in the contract for work.
Can Waive Rights Before Payment
It is not specifically set out, but it appears that a waiver in advance of payment (or even work) could be valid if not provided as consideration for getting the job.
Missouri lien waivers are partially regulated. This is great news for contractors, suppliers, lenders, property developers, and anyone else on a Missouri construction project. Missouri is just one of 12 states that provide statutory lien waiver forms and have specific lien waiver laws.
There are also limitations related to when lien waivers can be requested and provided. Lien rights are a policy right of contractors and suppliers, so many states have protections in place to make sure those rights aren’t unfairly side-stepped. In Missouri, these protections make it so that lien waivers cannot be provided prior to or in the contract for work. However, it appears that lien rights may be waived prior to payment (or even prior to work) as long as as they are not waived prior to or in the contract itself.
In Missouri, like everywhere, construction participants should pay careful attention to lien waivers. They are exchanged all the time, but they can have serious consequences. The resources, forms, guides, and frequently asked questions about Missouri Lien Waivers on this page will help you get it right
