Home>Levelset Community>Legal Help>We did work for a project in Kansas City, MO that included four units with different addresses, but we billed them all as one. do i have to file a notice of intent to lien on each separate address? Then would i be able to file the mechanics lien as one?
We did work for a project in Kansas City, MO that included four units with different addresses, but we billed them all as one. do i have to file a notice of intent to lien on each separate address? Then would i be able to file the mechanics lien as one?
we worked on a project at 45th & summit and billed it as one invoice but there were four buildings- 4500, 4502, 4504, & 4506. Do i have to do a notice of intent and mechanics lien per bldg or can i include them all on one?
Jul 11, 2018
As a general rule, when multiple properties are involved in a project, typically, a mechanics lien would be required for each separate property to be liened. Of course, each state has their own rules - so let's look at Missouri's.
Under § 429.030 of Missouri's mechanics lien statute, "The entire land, to the extent aforesaid, upon which any such building, erection or improvement is situated...including as well that part of said land which is not covered with such building, erection or other improvement... shall be subject to all liens created by sections 429.010 to 429.340 to the extent, and only to the extent, of all the right, title and interest owned therein by the owner or proprietor of such building, erection or improvement, and for whose immediate use or benefit the labor was done or the things furnished."
That quote can seem a little hazy, but more or less, it states that the entirety of the improved property is subject to lien as long as it's owned by the same owner. Further, section § 429.032 contemplates a single mechanics lien filing over multiple lots, tracts or parcels.
And finally, § 429.040 of the Missouri mechanics lien statute provides: "When the improvements consist of two or more buildings, united together and situated upon the same lot or contiguous lots, or separate buildings upon contiguous lots, or a continuous or connected sidewalk in front or alongside of contiguous lots, and erected under one general contract, it shall not be necessary to file a separate lien upon each building or lot for the work done or materials furnished in the erection of such improvements."
Thus, it would appear that in Missouri, if multiple buildings are improved under one general contract that lay on one property, one mechanics lien would be appropriate. Further, if the buildings lay on separate plots, tracts, or parcels and are improved under the same general contract and owned by the same owner, one lien claim would still be appropriate. Finally, in Missouri, a Notice of Intent to Lien is a prerequisite to filing the lien - so if one lien will be filed, only one Notice of Intent to Lien would be necessary.