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What can I do to get paid by using a lein before this guys closes the sale on this house

MissouriMechanics Lien

I was contacted by a guy needing tile work done thru a lead generating firm called thumbtack, this guy flips houses and said he needed a bathroom floor put in, so I went to visit jobsite, when I arrived he showed me the area, and he said can u finish this? He attempted to lay the tile but it was the worst job I ever saw, he asked how much? I replied that I like to make 400$ a day, he asked if I could do it for 350 a day , I said after we get into it we would talk about it, well trying to fix his mess would not work at all, because he layed the tile over another tiled floor, and everyone of the tiles he layed were already coming loose , and I told him they all need to come up because in a month they all would be loose, he agreed, so I tore them all out cleaned the area and began the process, I took a grinder and scuffed the surface of old tile so that the mortar would have something. To grab, then I started laying the job out and it was the makeup. Area of the master bath and the room was round so it was difficult to make all the different size cuts till I got the room all cut and then I proceeded to mortar the tile down, .got that room finished and startedthru the main bathroom floor area, after 3. 1/2 days I. I was finishing that area and he wanted me to do a tub shower surround but he needed to get the plumbing finished before I could start but the other walls were really out of wack so I showed him the problem and told him I could fix it before the tile work was to begin, and that took about 3 hrs and then he had me install some frusta kind tiles on a wall he didn’t finish and do 10 sqft of wall tile that he didn’t finish either and it was getting late in the afternoon and he decided he would lay the shower himself, I said ok and started packing up my tools and loaded them in my truck and went to him for payment for what I had done, and I put in 48hrs in 4 days so I was expecting 1600$ for my services, he added me 400 $ and I said what’s this? He said you should of gotten that bathroom done in one day and u spread the work out and all I’m paying is 400$ we argued and argued and I said this is not what we agreed upon , and he just kept saying I should of gotten it done in one day, needless to say he wouldn’t give me anymore money and even said he is prepared for the lein , whatever that means but he has this unit sold ,will I be able to get Mechanic’s lein filed before he closes the sale on this house, what can I do to protect the money I am suppose to recieve, this all took place in St. Louis missouri and it happened yesterday

2 replies

Nov 27, 2019

Mechanics liens can be a powerful payment recovery tool, and they're particularly effective if the property will soon be sold or where a loan will soon be taken against the land. Further, the process for filing a mechanics lien is a very quick one - particularly where the lien claimant can walk the lien in to be filed, themselves. However, as I'll discuss below, there are notice requirements that will come into play before a Missouri mechanics lien can be filed, which will delay the process of filing a lien by at least 10 days. For more information on Missouri lien rights and how to utilize the mechanics lien process: - Missouri Mechanics Lien Guide and FAQs - How to File a Missouri Mechanics Lien - How Do Mechanics Liens Work? 17 Ways a Lien Gets You Paid.

Right to lien and Missouri notice requirements

When work is authorized, performed, but not paid for - a mechanics lien filing will generally be available to Missouri construction businesses. However, there are notice requirements that must be fulfilled in order to preserve the right to lien. Specifically, before any payment has been received, contractors hired directly by the property owner must provide what's referred to as a Disclosure Notice or Notice to Owner. And, if that notice is not sent, a direct contractor will not be able to file a valid and enforceable mechanics lien claim. Further, Missouri is one of the relatively few states that has a Notice of Intent to Lien requirement. And, in order to file a valid and enforceable mechanics lien in Missouri, the lien claimant must first send a Notice of Intent to Lien at least 10 days before their lien is filed.

Missouri's Notice of Intended Sale/Notice of Lien Rights requirements

Finally, there's yet another notice requirement that will come into play when the project property is to be sold soon. Missouri has a unique requirement where an owner may file a "Notice of Intended Sale" document with the county recorders office before they sell their property. And, if an owner has filed that document, then prospective lien claimants must file a document called a Notice of Lien Rights, much like a lien claim would be filed, itself. But, a claimant can usually determine whether the Notice of Intended Sale document has been filed pretty easily. For one, that document must also be posted in a conspicuous place on the property. Further, if the claimant provides a written request for the project's Notice of Intended Sale document, the owner must provide it. So, a claimant should be able to determine if the filing is necessary relatively easily. For more background on Missouri's preliminary notice requirements: Missouri Preliminary Notice Guide and FAQs.

Other recovery options outside of the mechanics lien process

Of course, there are always options outside of the mechanics lien process. Levelset discusses some of those options here: Can’t File a Lien? Here Are Some Other Options For Recovery. Note, of course, that legal claims against an owner may be available - like a breach of contract claim. Or, if there's no real contractual agreement, then something like an unjust enrichment claim may be available. And, in the event that legal claims do become necessary, note that bringing a claim in Missouri small claims court can help to expedite the claims process.

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Nov 27, 2019

The owner told me that he is ready for a lein , how could a owner be dishonest and actually block me getting paid after I created a beautiful floor, and hypocritically, what if the house gets sold before my lein can be filed, what happens then?

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