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A lien was filed on our property in Missouri. Is it valid, and what should we do if it is?

MissouriRight to Lien

I have had a lien filed our our home build from the lumber yard. We have cancelled checks from our General to pay for these materials that were not applied paid to the lumber yard. The contractor used another LLC to acquire the supplies. We do not have a contract with that LLC. The LLC that opened the account with the lumber yard never made a payment to the account. The lumber yard continued to deliver supplies for over 4 months with no payments. Does the lumber yard have a responsibly to make sure the LLC's they are extending credit to are creditable or can they just use the fact that they can file a lien as security for payment. Thanks for your help, Tim

1 reply

Jun 8, 2020

Missouri mechanics lien rights can be severely limited on residential construction projects. If you never signed a Consent of Owner form (which is typically included in the contract), then the supplier won't be able to file a valid and enforceable mechanics lien. With that being said, if the Consent of Owner was provided and signed, then a Missouri supplier could potentially file a fully enforceable mechanics lien - even if the GC was paid in full. Still, that doesn't mean the GC is off the hook, and it's absolutely possible to hold the GC responsible and to demand that they protect you from the lien claim. Legal claims will be available against the GC if they've failed to pay their supplier leading to a lien claim against your property. As far as next steps, disputing the validity of the lien claim may be useful. Contacting the GC, demanding they resolve the lien, or even threatening to take legal action against them could help, too. Or, consulting a Missouri lawyer could be valuable for deciding how to combat the lien claim and hold the GC accountable. Additionally, making a complaint against your contractor with the attorney general's office, with the state licensing board, with the Better Business Bureau, with Google, and even with Facebook could help hold them accountable, too.

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