What are my legal rights in a verbal contract

8 months ago

Is a verbal agreement allowed to have a lien waiver and if so the party owing the money even though a verbal agreement was made loves the work but not the price tag now is this a small clams case

Senior Legal Associate Levelset
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Missouri has strict lien waiver rules, unlike most states. For a Missouri lien waiver to be effective, that waiver must be in the form created by statute. Plus, lien rights cannot be waived in anticipation of the work – only after the work has been performed. So, any verbal agreement that lien rights will be waived will not be effective in Missouri. More on Missouri lien waivers here: Missouri Lien Waivers Guide and FAQs.

As for whether a Missouri lien claimant needs a written contract in order to file a mechanics lien, the answer to that question is generally “no.” Missouri mechanics lien claimants hired directly by the property owner generally do not need to have a written contract in order to file a mechanics lien.

Subcontractors, suppliers, and other claimants who are hired by someone other than the owner won’t need a written contract either – but on owner-occupied residential jobs, there must exist a signed and written “Consent of Owner” document (between the owner and general contractor) in order to file a mechanics lien.

You can learn more about Missouri mechanics lien rights here: Missouri Mechanics Lien Guide and FAQs.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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