Usually, yes.

For contractors hired directly by the property owner, a Notice of Intent to Lien won’t be required.

For everyone else intending to utilize a Missouri mechanics lien, a Notice of Intent to Lien must be sent. This requirement is created by § 429.100, which reads, in relevant part:

“Every person except the original contractor, who may wish to avail himself of the benefit of the provisions of sections 429.010 to 429.340, shall give ten days’ notice before the filing of the lien, as herein required, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due.“

A Missouri Notice of Intent to Lien must be served at least 10 days before a mechanics lien is filed, when the notice is required.

Providing this notice won’t extend the deadline to lien, though. So, it’s important to understand your deadline and to plan accordingly.

Further, keep in mind that because a Missouri Notice of Intent to Lien must typically be given by personal service, it may take a few more days to plan and execute service – so it’s a good idea to play things safe and be cautious with deadlines.

A Missouri Notice of Intent to Lien must be sent to the property owner, the owner’s agent, or both of them. Specifically, § 429.100 for the notice to be sent to “the owner, owners or agent, or either of them…”

Practically, though, it might be a good idea to also send the notice to the project’s GC, the project manager, or anyone else who might be able to help resolve the payment dispute.

Missouri statute requires the Notice of Intent to Lien to be served by an officer authorized to serve process (i.e. the county sheriff’s office), or by a person who would be a competent witness. Proof of Service is required.

If the owner can’t be found for personal service, or if they’re not located in Missouri (and have no local agent for service), then personal service won’t be strictly required. Instead, the Notice of Intent to Lien may be recorded with the recorder of deeds under § 429.110.

Yes. When the notice is required, it must be served – otherwise, a filed lien will be invalid and unenforceable.

What’s more, if a lien is filed less than 10 days after a Notice of Intent to Lien is served, the lien will end up being invalid and unenforceable, as well.

There’s very little information that actually must appear on a Missouri Notice of Intent to Lien.

Under § 429.100, the notice must include:

1. The name of the person claiming a lien;
2. A statement that the claimant is entitled to a lien;
3. The amount of the claim; and
4. The contact info for the lien claimant’s customer.

In addition to the above, it’s probably a good idea to also include the name of the owner and a description of the project property that will be liened.

No.

Missouri’s Notice of Intent to Lien requirements strictly apply to privately owned construction projects since they appear in the state’s lien statutes. Still, it may be a good idea to send a similar notice on public projects anyway: Do I Need to Send a Notice of Intent Before Making a Construction Bond Claim?