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Do I need a Lien Waiver

MissouriCollectionsLien DeadlinesLien WaiversPayment Disputes

I had a roof installed in 2019. The contractor provided a final invoice November 2019. We have paid $10,000 of $13,701.98. I have attempted to contact the contractor multiple times to discuss final payment as there were three issues I wanted to address before payment. I had asked that the invoice reflect a line item specifically for debris removal as it would be covered by insurance; there was a manufacturer's rebate for veterans that did not appear to be applied; and there was property damage for which we paid and were told would be reimbursed. I had contacted them a few times previously by email and left phone messages, and then again most recently on Jul 1, 2020 and then again on July 27, 2020. Since I cannot get a response, do I need to send a lien waiver or since it's been well over 60 days since services were rendered, can I assume they cannot come back to me asking for any further payment?

1 reply

Dec 23, 2020

This answer is limited to Missouri only. There are two statutes of limitation that may apply. There is a six month statute of limitations for filing a mechanic's lien. That statute starts to run when the last labor or materials is used, entered or consumed in the real estate. There is a second statute of limitations for a contract action. That statute of limitations is between 5 years and 10 years. However, as the problem was presented, it is unclear which of the two will apply. Garry Seltzer (mechliens@prodigy.net)

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