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General contractors are required to provide notice on private projects.
Excluding architects, GCs must provide a disclosure notice served on owner prior to first payment.
General contractors are not required to send notice on public projects.
Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
Subcontractors are required to notice of intent to lien on private projects.
For residential owner-occupied properties a sub must obtain consent signed by the property owner from the general contractor. If this consent is not obtained, any subcontractor without direct contact to the property owner will not have lien rights. Notice of Intent to Lien 10 days prior to filing lien. Written consent from residential owner before work.
Subcontractors are not required to submit notice before public projects.
Suppliers are required to send notice on private projects.
Equipment lessors, specifically, must send a notice equipment lease within 15 days of delivery.
Remote suppliers (hired by second-tiers subs or another supplier) must send notice on public projects.
Notice must also be sent according to requirements issued in the bond, if any apply. It's a good practice, therefore, to request a copy of the bond at the start of construction.
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.
Dr. Tony:
I'm an attorney in St. Louis and I would be happy to help you collect on this note. I'm in the office today (314-862-1720) or you can email me (kseltzer@moliens.com)
I look forward to hearing from you.
-KLS
Missouri has an interesting preliminary notice scheme. While “traditional” preliminary notices are not generally required, a notice of intent to lien is required for all subcontractors at least 10 days prior to filing a mechanics lien. This requirement is complex and can be difficult to comply with, so we’ve broken down those requirements here: Missouri Notice of Intent FAQs & Guide.
Other preliminary notice requirements are dependent on project type and project role. A quick overview of Missouri notice requirements follows:
– General Contractor (excluding architects): Must provide notice prior to receiving any payment from the property owner.
– Subcontractors (residential owner-occupied properties): Must obtain consent signed by the property owner from the general contractor. If this consent is not obtained, any subcontractor without direct contact to the property owner will not have lien rights.
– Equipment Lessors (commercial properties): Must provide the property owner with notice within 15 days from the commencement of the use of the equipment. Note, however, that in order for the notice requirement and subsequent lien rights to apply, the rental must exceed $5000.
There are other notice requirements in Missouri that are unique. If work has been undertaken on a property, and the owner intends to sell that property, s/he must file a notice of intended sale to inform the parties who may have lien rights that the property may be sold. If a property owner has filed notice of intended sale on a residential property, a potential lien claimant must record a notice of lien rights in the office of the county recorder of deeds in the county where the property is located at least filed 5 days prior to the date of the proposed transfer.
There are not only a lot of potential notice requirements in Missouri, but the deadlines are all taken seriously. In the state of Missouri, the failure to provide preliminary notice, intent to lien or notice of lien rights is fatal to the lien in every case.
Missouri preliminary notice requirements can be confusing. The guide to preliminary notices in Missouri walks you through the whole process, including which notice you need to send, when you need to send it, who you should send it to, and much more.
Next, download a free Missouri preliminary notice form. The notice you send depends on your role in the project.
Whether you need to send a notice to owner, notice of use of equipment, notice of intent to lien, notice of rights, or a consent of owner, you can find each of the preliminary notice forms on the Construction Payment Resources page for Missouri.
The next step is to prepare your notice. Making a mistake on your preliminary notice could invalidate your right to file a Missouri mechanics lien if you’re left paid after the project is over, so make sure you include all required information and that the information you include is 100% accurate.
There is no specific rule for how a notice to owner should be sent. Therefore, you should send it either by personal service or certified mail, return receipt requested.
The notice of lien rights should be filed at the recorder in the county where the property is located.
The notice of intent to lien must be served personally.
Deliver your notice according to the rules for that particular notice, and deliver the notice within the required deadline.
Select Preliminary Notice document.
Provide basic job information.
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