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Can my neighbor file a mechanics lien on me

MissouriMechanics Lien

Our neighbor built a water well shack for us and we paid him on PayPal. The agreement was mostly verbal through some emails. He says part of the agreement was to use the well water and laundry in the water well shack. He said he was interested in getting the electricity for our property in his name to power the well and laundry room when we left. He later changed his mind and says he will put a mechanics lien on the property unless we give him the water well shack. Can he do this? We did not sign a formal contract?

1 reply

Feb 15, 2021

Missouri is NOT a state that requires a written contract to file a mechanics lien. In states that don't require a written contract to file a mechanics lien, contractors and suppliers are generally allowed to file a lien even if they don't have a written contract. In other words, the claimants may file a lien based on an oral or verbal agreement, and yet still have the ability to file a lien claim. 

However, a mechanics lien is filed if a contractor or supplier was not paid for their work that improved the property in question. Considering the information that you have provided, the potential lien claimant was paid for the work he performed via PayPal so a mechanics lien likely will be unnecessary and invalid. If there were additional terms in the verbal contract besides the work to be performed and payment that are in dispute, there may be a contract breach. It likely will be helpful to reach out to a Missouri construction lawyer to determine if you are dealing with any potential breach of contract claims. I hope this helps! 

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