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How must a notice of intent to lien be delivered?

We were working with a contractor on a home addition/remodel. We had no written contract with the builder (friend of family) and due to their not following through with so many things we had no choice but to call the project off. Their architect, who we never had any direct contact with, filed a mechanics lien on our property. He sent me an email telling me that if we didn't pay him he would file a mechanics lien on our property the next day. He followed through and filed the lien. From my understanding that wouldn't qualify as proper notice of intent, would I be correct in assuming that the lien would be considered invalid?

1 reply

Nov 26, 2019

First, Missouri mechanics lien claimants who are hired by someone other than the property owner must send a Notice of Intent to Lien at least 10 days prior to filing their lien claim, pursuant to § 429.100 of Missouri's mechanics lien statute. The notice must be in writing and should generally be served by someone entitled to serve process - like the sheriff or a private process server. Either way, it must be delivered by a person who would be a competent witness. When a Notice of Intent to Lien is actually received by the intended recipient (i.e. the property owner), the method of that service becomes less important in many cases. However, keep in mind that even where there may be some leniency regarding the method of service, the 10-day deadline still applies. So, if an owner didn't receive notice of the potential lien filing at least 10 days prior to a lien being filed, then the claim may ultimately be invalid and improper. Note, though, that any party in direct contract with the property owner will not need to send a Notice of Intent to Lien in order for them to have a valid and enforceable mechanics lien claim.

Additional resources

With the above in mind, note that mechanics liens are serious business and that if a lien claim has been filed on your property, it would be wise to consult a local construction or real estate attorney. They'll be able to review your circumstances and the relevant lien claim(s) and advise on how best to move forward. Additionally, this resource might be valuable: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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