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What is our (GC'S) time line for filing a lien on a commercial property when we were hired by a tenant

MissouriMechanics LienRight to LienSlow Payment

Our company was hired by a tenant in shopping center to complete a buildout of a space. The tenant has not paid the final invoice. We were acting as a general contractor for the tenant, we did not have a direct contract with the shopping center owner, nor were we a part to any lease etc., although they were aware we working in the space and had communication with them. What are our lien rights and timeframe?

1 reply

Jul 1, 2020
Generally, when work is done for a tenant rather than for an owner, only that tenant's interest in the property may be liened. However, if the owner is at all involved in the project, or if the owner is requiring that the work be done, then it's possible the owner's interest may be lienable as well. More on that here: What Happens to Mechanics Lien Rights If My Project is a Tenant Improvement?

Mechanics liens and tenant improvements in Missouri

Missouri appears to follow that general rule, to a degree. For one - a lien should be available against the tenant's interest, that much is certain. While it might not sound like much, a lien could put that tenant in breach of their lease - so it's possible the owner will put pressure on them to resolve the matter. If the landlord has required the lessee to improve the property in that lessee's lease (i.e. like a required buildout), then the lessee may simply be acting as the owner's agent - making a lien against the owner viable. But, often, that test of agency can be pretty fact-intensive and dependent on your specific circumstances, as Capes Sokol discusses here: Missouri Landlords Beware: Tenant Improvements Subject Owners to Mechanic’s Liens.

Missouri's mechanics lien deadline

The deadline to file a Missouri mechanics lien is 6 months after last furnishing. While a Notice of Intent to Lien isn't necessarily required for a GC, it's a powerful tool for forcing payment before getting a lien involved. More on that here: Missouri Notice of Intent Overview. Of course, sometimes a lien will be necessary. For further discussion on MO liens: - Missouri Mechanics Lien Guide and FAQs - How to File a Missouri Mechanics Lien
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