Missouri Preliminary Notice FAQs

Yes. Missouri requires certain notices to be provided prior to asserting a mechanics lien.

All parties who contract directly with the property owner (excluding architects) must provide the owner with a disclosure notice prior to receiving any payments from the owner.

All parties who do not contract directly with the property owner on residential owner-occupied projects should have the general contractor obtain a consent of owner document (signed by the property owner). Otherwise, those parties who do not have a direct contract with the owner will not have lien rights.

All equipment lessors on commercial projects where the rental amount exceeds $5000 must provide the property owner with notice that the equipment is being used on the property within 15 business days from the commencement of the use of the equipment.

Notice of Intent to Lien: All claimants other than the original contractor must provide the property owner with a notice of intent to lien at least 10 days prior to recording the lien. Further discussion, here: Is a Missouri Notice of Intent to Lien required?

(Filed) Notice of Lien Rights: On residential projects, if the property owner has filed a notice of intended sale, every potential lien claimant must file a notice of lien rights with the county recorder of deeds no less than 5 days prior to the date of proposed transfer.

The Disclosure Notice to Owner must be provided prior to receiving any payments from the owner.

The Notice of Equipment Lease should be provided to the owner within 15 days from the commencement of the use of the equipment.

The Notice of Intent to Lien must be provided to the owner at least 10 days prior to the recording of the lien.

The Notice of Lien Rights, if required, must be filed no less than 5 days prior to the date of the proposed transfer of the property.

The failure to provide the Notice to Owner when required is absolutely fatal to a valid lien claim in Missouri. Further, failure to provide this notice, with an intent to defraud, will cause the contractor to be guilty of a class B misdemeanor.

The failure to provide a Notice of Equipment Lease within the required time period is fatal to a subsequent mechanics lien claim.

The failure to provide a Notice of Lien Rights, when required, is fatal to a lien claim in Missouri.

Failure to provide the Notice of Intent to Lien within the required time period is fatal to a lien claim in Missouri.

There is no specific provision that sets forth how the Notice to Owner should be sent. Best practice would be to serve the owner through personal service or certified mail.

There is no specific provision regarding how the Notice of Equipment Lease must be given to the owner, it must be “provided” to the owner.

The Notice of Lien Rights must be recorded in the office of the county recorder of deeds in the county where the property is located.

The Notice of Intent to Lien must be personally served by an officer authorized to serve process, or by a person who would be a competent witness. Proof of service is required.

Not generally, except that a notice of lien rights must be filed in the office of the recorder of deeds in the county in which the property is located.

Generally, in Missouri, notices are considered delivered when sent by certified mail, return receipt requested unless required to be personally served. When personally served, they are considered delivered when personally served.

Remote suppliers (those hired by a second-tier sub or another supplier) must now send notice: Missouri Payment Bond Requirements Overhauled by New Legislation.

Otherwise, no formal statutory notice is required in Missouri. However, the bond, itself, may require that certain specific notices be sent – and those requirements must be followed. That means it’s usually a good idea to request a copy of the bond when beginning work.

Remote suppliers must send notice within 90 days of last furnishing labor or materials if they remain unpaid and intend to make a bond claim.

If the bond requires any specific notices, the notices should be sent based on the timeframe set out in the bond.

As set forth by bond, generally the bond will have strict timing provisions which, if aren’t met, work to invalidate a subsequent claim.

Remote suppliers who miss their notice deadline cannot look to the bond for protection.

There’s no specific requirement for how a remote supplier’s notice must be sent – but it must be made in writing. It may be a good idea to send certified mail in order to provide a written record of when the mail was sent and received.

As for notices required by the bond – those should be sent in the method designated by the bond, itself.

A remote supplier must send their notice to the project’s prime contractor. It’s generally a good idea to send notice to your direct customer, too, so they’re aware of the issue. Additionally, sending notice to the surety might help accelerate payment.

As for any notices required by the bond – they should be sent to the parties set forth by the bond. The bond will often require notification fo the surety prior to any claim.