Missouri Mechanics Lien Form

Subcontractor for sanitary work for my girlfriends apartment that the management office, is there some type of lien if she hires me as a subcontractor or an independent contractor

Generally, when work is done for a tenant rather than for an owner, only that tenant's interest in the property may be liened. However, if the owner is at all involved in the project, or if the owner is requiring that the work be done, then it's possible the owner's interest may be lienable as well. More on that here: What Happens to Mechanics Lien Rights If My Project is a Tenant Improvement?

Mechanics liens and tenant improvements in Missouri

Missouri appears to follow that general rule, to a degree. For one - a lien should be available against the tenant's interest, that much is certain. While it might not sound like much, a lien could put that tenant in breach of their lease - so it's possible the owner will put pressure on them to resolve the matter. If the landlord has required the lessee to improve the property in that lessee's lease (i.e. like a required buildout), then the lessee may simply be acting as the owner's agent - making a lien against the owner viable. But, often, that test of agency can be pretty fact-intensive and dependent on your specific circumstances, as Capes Sokol discusses here: Missouri Landlords Beware: Tenant Improvements Subject Owners to Mechanic’s Liens.

Missouri's mechanics lien deadline

The deadline to file a Missouri mechanics lien is 6 months after last furnishing. While a Notice of Intent to Lien isn't necessarily required for a GC, it's a powerful tool for forcing payment before getting a lien involved. More on that here: Missouri Notice of Intent Overview. Of course, sometimes a lien will be necessary. For further discussion on MO liens: - Missouri Mechanics Lien Guide and FAQs - How to File a Missouri Mechanics Lien

In Missouri, claimants don't need a written contract in order for mechanics lien rights to arise. And, it's possible for a claimant to file their lien even if there's a dispute over what's owed. Plus, to be sure, contractors can typically still file mechanics liens even if payment is supposed to come from someone other than the owner. Granted, if their lien is filed, the owner is fully entitled to dispute the lien claim by challenging the claim. In terms of blocking a claimant's lien - it's hard to prevent a lien filing from taking place. However, if you can produce documentation from other professionals and your insurer stating that the invoice is too high, that might help to convince them to lower the bill. Additionally, if you let them know you understand your rights and that you're willing to file a lawsuit to dispute the lien and to seek damages from the claimant, they may want to avoid the trouble that the lien filing would cause. Alternatively, asking the contractor to take it up with your insurance company might help to get the issue off your plate. Or, asking the insurance company to resolve the matter with the contractor might be an option too. And, of course, negotiating a lower fee with the contractor is an option, too. If you can show that they've obviously overcharged, and if you can show you'll defend against their claims tooth and nail, they might be willing to talk payment. Finally, these articles may be useful: - I Just Received a Notice of Intent to Lien – What Should I Do Now? - A Mechanics Lien Was Filed on My Property – What Do I Do Now?