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Home>Levelset Community>Legal Help>RE: SCG Fields, LLC - Job St. Louis MLS Stadium. - Is this a public job? Since we are bonded are lien rights a factor?

RE: SCG Fields, LLC - Job St. Louis MLS Stadium. - Is this a public job? Since we are bonded are lien rights a factor?

Missouri

We are hired to install a soccer field in a new MLS stadium in St. Louis that is being built with private funds, but will be turned over to the city. There is a bond on the project.. Am I supposed to indicate it is a commercial project or a state/county project? It's St. Louis MO.

1 reply

Feb 24, 2021
I would have to review the actual real estate, but in these situations, generally it's a private project and you will have the protection of the payment bond posted by the GC as well as lien rights. The determining factor is the status of the real estate when the first contractor begins work. This is the MO "first spade" rule. If the land is privately owned at that point, even if it is later transferred to a public entity, claimants retain their lien rights.
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