I would like to know if a homeowner breach a contract without your consent and refuse to pay you can you put a lien on their property. Then the homeowner tell you that your service is no longer needed after you did 75% of the job.
1 reply
Apr 24, 2020
If an owner refuses to pay what's owed for work on a Missouri residential project, then a mechanics lien claim could certainly be on the table. Even the mere threat of a lien claim - like a Notice of Intent to Lien - could be enough to get paid.
However, in order to file a mechanics lien on an owner-occupied residential project, a contractor must send the owner a Disclosure Notice to Owner before any payments are made on the job. And, if that notice wasn't given before payment, then lien rights won't be available.
With that being said, there are a number of payment recovery tools that can be useful for getting paid, even in a situation where a mechanics lien claim isn't an option. Levelset discusses some of those here: Can’t File a Lien? Here Are Some Other Options For Recovery. Additionally, sending a payment demand letter can jostle payment loose, as well.
If a mechanics lien claim is available, these resources will be really useful for filing a lien and getting paid: (1) Missouri Mechanics Lien Guide and FAQs; and (2) How to File a Missouri Mechanics Lien.