Does the date of last labor furnished have to be billable? We had to go back to job and do some touch ups to complete the job but the labor was not invoiced. Can I still file a mechanics lien?
1 reply
May 19, 2020
The last furnishing date is generally the last date when substantial work was done pursuant to the contract. Returning to the job site simply to perform corrective work or punch list items generally won't serve to extend the timeframe for filing a mechanics lien. Levelset discusses that in-depth, here: I Returned to a Job – Does that Change the Lien Deadlines?
So, if the work was substantial and necessary to fulfill your contract obligations, then it will be lienable. If not, then that might not serve as the true last furnishing date. As for whether you can currently file a lien claim - Missouri's lien deadline is generally 6 months from the last day labor or materials were furnished. So, if less than 6 months have passed from that time, a valid and enforceable lien claim should be on the table. Still, before a sub or supplier can file a MO lien, recall that a Notice of Intent to Lien must be sent - and that notice may lead to payment without the need for a lien.
For more information on Missouri mechanics lien rights and deadlines: (1) Missouri Mechanics Lien Guide and FAQs; and (2) How to File a Missouri Mechanics Lien. For more information on recovery tools outside of the lien process: Can’t File a Lien? Here Are Some Other Options For Recovery.