Missouri Preliminary Notice Rules
At a Glance
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Preliminary Notices Are Generally Required
Some sort of pre-lien notice is generally required in Missouri, although the specific notice and deadline requirements depend on the type of project and your role on the project.
GCs Are Required to Send Notice
Disclosure notice served on owner prior to first payment. Must provide notice prior to receiving any payment from the property owner. (excluding architects)
Subcontractors Must Send Notice of Intent to Lien
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.
Suppliers Must Send Notice of Intent to Lien
Suppliers and Equipment Lessors must provide the property owner with a notice of intent to lien 10 days prior to filing lien. Written consent from residential owner before work. Equipment lessors, specifically, must send a notice equipment lease within 15 days of delivery.
Notice Cannot be Sent Late
In the state of Missouri, the failure to provide any required notice is fatal to the lien in every case.
Send to Owner
Generally, notices in Missouri must only be delivered (or served upon) the property owner. However, 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.
Preliminary Notice Required Sometimes
Remote suppliers must send notice on Missouri public projects, but other participants aren’t required to send notice, by statute. However, Missouri allows for the notice requirements contained on the bond itself to control.
GC's Don't Need to Send Notice
On public jobs, any claims for non-payment are made against the general contractor's bond. 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.
Subcontractor Notice Not Required by Statute
Notice must be sent according to requirements issued in the bond. It's a good practice, therefore, to request a copy of the bond at the start of construction.
Remote Suppliers Must Send Notice
Suppliers hired by a first-tier subcontractor do not need to send notice. Remote suppliers (hired by second-tiers subs or another supplier) must send notice within 90 days of last furnishing materials.
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.
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.