We sold materials to an electrician for 2 different residential sites. The electrician did not pay these invoices in full. The invoices are from 2018 and 2019. Would be able to put a lien on the residential sites?
1 reply
Jun 9, 2020
Missouri has strict mechanics lien deadlines. Missouri mechanics liens must be filed within 6 months of last furnishing labor or materials to the project. So, if it's been over a year, then the deadline to file a MO mechanics lien has passed.
Additionally, Missouri mechanics lien rights tend to be really restrictive for those providing work on a residential property. Unless the prime contractor had the owner sign a Consent of Owner form, subs and suppliers are generally not entitled to lien rights. It's possible that the prime contractor has gotten that signed, though - it's commonly included in MO residential construction contracts.
With that being said, there might be other options for holding your customer accountable. For one, sending formal invoice reminders could be an effective tactic. Or, sending something more serious like a payment demand letter could escalate the issue. Further, if the customer hasn't made payment, it's entirely possible that legal claims like breach of contract will be on the table. Making legal claims in small claims court, if possible, could help to streamline those claims, too. Finally, sending the debt to collections could be yet another way to force payment.