What are my legal rights in a verbal contract

1 month 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

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.

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