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Filed a notice to owner, now what?

MissouriPayment DisputesPreliminary Notice

I did a hotel renovation job and I was not paid all of the money that was due to me. I sent a notice to the owner and one day after it was delivered the general contractor that was supposed to have paid me as a subcontractor sent me a copy of the notice and asked “what’s this?” I responded with “a request for payment of the balance owed to me” From there, no response. It has been a few months since that exchange.

1 reply

Dec 4, 2017
I'm sorry to hear about your situation. The next course of action will depend on what kind of notice was sent to the owner. Assuming the notice you mentioned is a Notice of Intent to Lien, the next required step in the lien process will be to file a mechanics lien. Alternatively, another notice or letter warning that a lien is imminent could spur payment. Watch the lien deadline, though - a Missouri mechanics lien must be filed within 6 months from the last date the claimant provided work/materials on the project. If you wish to file a lien and the 6 month deadline is coming up, there may not be time to send an additional demand letter/notice. If the notice you were referring to was not the Notice of Intent to Lien, keep in mind that the Notice of Intent to Lien is statutorily required in Missouri and must be sent 10 days before a mechanics lien is filed. Also keep in mind that mechanics lien deadlines are very rarely extended, so if you decide to file a lien, it's imperative that the Notice of Intent to Lien is sent at least 10 days before the deadline to file the lien.
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