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Can I file lien?

Anonymous Contractor

Client selected granite from sample and we installed the kitchen- looks great. Because the material varies with natural stone, slightly different but not much. Having done 2 jobs previously successful and quick turnaround, I did not get signed contract or deposit. This is a “flip” and with the wife involved now, not willing to pay. Can I file lien?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

Jun 12, 2020

Mechanics lien rights are generally available to direct contractors on Missouri residential projects. And, it doesn't appear that a written contract is required in order for lien rights to be available. And, to be sure, Missouri lien claims will be available even if there's a dispute over what's owed and even if there's a dispute of the quality of the work. With that being said, sending a Notice of Intent to Lien could help to get paid without having to actually pursue a lien claim. Subcontractors and Suppliers on Missouri projects will actually be required to send a Notice of Intent - but even when you're hired directly by the owner, sending a voluntary Notice of Intent can be useful. Levelset discusses that here: (1) What is A Notice of Intent to Lien And Should I Send One?; and (2) What is a Notice of Intent to Lien? [Video]. Granted, lien claims will still be required in some situations. For more information on Missouri liens: (1) Missouri Mechanics Lien Guide and FAQs; and (2) How to File a Missouri Mechanics Lien.

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