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The correct way for me Owner JP Painting to file a lien on a apartment complex in Missouri.

MissouriCollectionsRecovery OptionsSlow Payment

I am a small business owner, JP Painting LLC. A new management company has taken over the apartment complex I have been painting for the last 2 years. All work completed since the new management company took over, 9 weeks ago, a have not received any money for work completed. I have sent my invoices to the manager ,who has directed me to. I am compliant for there company in compliance depot. I told the manager I can no longer continue with painting any vacant units or repairs, due to the fact, I purchase all material needed, and have account to prove so. I also take pictures of all the work I have completed at the apartment complex. Balance owed is over $30,000. I know now i need to do something about this, instead of just waiting for a check. Also no other contractors that work with this property have been payed for there work. I need professional advice on what I need to do and to do correctly. The property is in Missouri. and any help would be greatly appreciated!

1 reply

Apr 15, 2020
When anyone in the construction industry goes unpaid for their work, there will generally be a few different options for getting paid. While some options could generally be limited by the sale or transfer of the property, if the new owner has authorized your work, many of those fears should fall by the wayside.

Payment recovery tools for unpaid Missouri painters

Let's look at some options for forcing payment. We'll start with less-adversarial means, then move toward more aggressive recovery tools.

Invoice reminders

For one, sending simple - but formal - invoice reminders can be useful. Sometimes, all that's needed to get paid is a little push in the right direction. And, an invoice reminder can act at that push - reminding recipients that your bill is outstanding.

Demand letters

Escalating things with a demand letter can lead to payment when it's clear there's a dispute or issue with payment. A demand letter will include specific legal threats and put a hard deadline on when payment must be made. Considering no one wants a legal battle over their unpaid bills, a demand letter could get the job done.

Notice of Intent to Lien

A mechanics lien is the most powerful tool available for forcing payment on a construction project. And, because of that, the mere threat of a mechanics lien is extremely powerful, too. Sending a Notice of Intent to Lien will let your customer know that you're willing to do what it takes to make sure you get paid. And, with a potential mechanics lien looming on the horizon, they may be more inclined to make sure the payment issues go away. Notices of Intent to Lien are a required part of the Missouri mechanics lien process for some claimants, but they won't be required for contractors hired directly by the property owner. Still, they can be incredibly useful for getting paid without a drawn-out dispute.

Filing a mechanics lien

Actually pursuing a mechanics lien claim may be an option, too. In Missouri, those who permanently improve property can typically file a mechanics lien within 6 months after last furnishing labor or materials. So, that provides a lot of time for negotiating and trying to resolve the matter before a lien must be filed. Still, if a lien becomes necessary, these resources will help: (1) Missouri Mechanics Lien Guide and FAQs; and (2) How to File a Missouri Mechanics Lien.

Other recovery tools

Finally,  the mechanics lien process is hardly the only way to make a payment claim. Legal claims may be available - like a  breach of contract, unjust enrichment, or potentially a claim under Missouri's prompt payment laws. Additionally, sending a debt to collections could help you get paid, too.
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