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Contractor threatening mechanic lien

Hello, I had a contractor threaten a mechanics lien after being told we wanted to cease doing business with him. The work he said he would do was done by someone else, not according to what he said he was doing and actually caused damage to our property. He is now demanding we pay him or will file the lien. Do I have any legal options or steps I can take as the home owner?

1 reply

Feb 21, 2020

There are steps that must be followed in order for a contractor to file a valid and enforceable mechanics lien. As a practical matter, however, it can sometimes be difficult to avoid a lien being filed in the first place - even when the lien is not appropriate. In Missouri, contractors are generally allowed to assert a mechanics lien when they performed work or furnished materials for the improvement of property for which they are unpaid. For owner-occupied residential projects, the only parties allowed to file a lien claim in most circumstances are parties who contracted directly with the resident owner. In order to claim lien, however, certain steps must be followed. All parties in Missouri are required to provide some sort of notice prior to the lien being filed. For parties who contract directly with the property owner (other than architects), a disclosure notice prior to receiving any payments from the owner in order to retain lien rights. And, not only is the failure to provide the notice fatal to any subsequent lien claim, if the notice is not given due to an intent to defraud, the contractor is guilty of a class B misdemeanor. Additionally, liens must follow timing requirements. Missouri liens must generally be filed within 6 months after the last furnishing of labor or materials to the project. While county recorder offices don't generally act as gatekeepers to bar the recording of liens that may not ultimately be valid and enforceable, informing the claimant of the potential consequences for filing an improper lien may result in avoiding the lien altogether. Missouri allows for a claim to be made for slander of title when false words are maliciously published with respect to a property and the owner suffers damages as a result. Additionally, all mechanic liens must be enforced within 6 months of the lien's filing. If an action to enforce is not initiated, the lien expires and becomes unenforceable. During any enforcement action a property owner may present their defenses to the lien claim in order to pursue its removal. Or, the property owner could proactively initiate suit against the contractor for removal of the lien after the lien was filed, or for breach of contract or other reasons prior to the lien filing.

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