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Should I ask the contractor for a lien waiver?

I am about to sign a contract for landscape work on my private residence. Should I ask the contractor for a lien waiver? If so, should I do so before I sign? Finally, the contract includes "Consent in hereby given for filing of mechanics lien etc.". Does this mean that I am not requesting a waiver?

1 reply

Apr 24, 2020

Missouri landscapers are entitled to mechanics lien rights when they go unpaid. That means it's a good idea for owners to request and collect mechanics lien waivers in exchange for payments. And, including lien waiver requirements right there in the contract is the best way to make sure that you'll be able to collect waivers. Though, parties receiving full payment on a non-contentious job shouldn't have much issue submitting lien waivers. It's worth mentioning, though, that mechanics lien rights are really only available to those who have gone unpaid. So, if you fully pay your landscaper, they won't be entitled to lien - regardless of any waiver. It sounds like your landscaper may have included Missouri's required disclosure notice in their contract, which is necessary to preserve mechanics lien rights. This shouldn't necessarily be seen as a red flag, though - it's just something they have to do in order to best preserve their rights. Still, it might be useful to ask them about it for more clarity. And, regardless, the contract won't prevent them from exchanging mechanics lien waivers when they get paid. So again, requiring waivers is good practice. For more information on lien waivers, I think these articles will be really helpful: - How To Handle Requesting & Tracking Lien Waivers - The Property Owner’s Guide to Lien Waivers - Missouri Lien Waivers Guide and FAQs

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