General Contractor — 6-Month Mechanic Lien Statement (M.R.S. §429.080)
Under Missouri law, general contractors must file a Mechanic Lien Statement within 6 months from the date of last performance of work or delivery of materials. The mechanic lien statement must be recorded in the office of the clerk of the circuit court in the county where the property is located.
No additional notices beyond the Contractor's Notice of Claim (§429.012) are required before the contractor files the mechanic lien statement. The 6-month deadline is measured from the contractor's own last date of furnishing labor or materials.
Subcontractor & Materialman — 6-Month Mechanic Lien Statement with 10-Day Notice
Subcontractors and materialmen must also file a Mechanic Lien Statement within 6 months after their last performance of work or delivery of materials under M.R.S. §429.080. However, before recording the mechanic lien, they must serve a Subcontractor's Notice of Mechanic Lien on the owner at least 10 days before filing (M.R.S. §429.100).
The 10-day notice requirement does not extend the 6-month deadline. The subcontractor must plan ahead to serve the notice early enough so that the mechanic lien can still be recorded within the 6-month window. For example, if 6 months expires on June 30, the notice must be served no later than June 20.
Rental Equipment Under $5,000 — 60-Day Mechanic Lien Deadline
Providers of rental equipment valued under $5,000 face a significantly shorter deadline. They must record their mechanic lien within 60 days after the last date of the equipment rental — not the standard 6-month period available to other claimants.
The 10-day Subcontractor's Notice of Mechanic Lien (M.R.S. §429.100) with personal service is also required before filing. Given the compressed 60-day window, rental equipment providers should serve their notice of intent to file mechanic lien immediately upon the end of the rental period.
Mechanic Lien Statement Contents
A valid Missouri Mechanic Lien Statement should contain the following information:
- A just and true account of the demand due the claimant after allowing all credits and offsets
- A description of the property upon which the mechanic lien is claimed, sufficient for identification
- The name of the property owner or reputed owner
- The name of the contractor or person by whom the claimant was employed or to whom the claimant furnished materials
- Verification by the claimant or authorized agent
Where to Record the Mechanic Lien
The Mechanic Lien Statement must be filed with the clerk of the circuit court in the county where the improved property is located. Each county clerk may have specific formatting and filing fee requirements. Compliance with local filing procedures is essential to prevent rejections that could jeopardize the filing deadline.
Mechanic Lien Priority and Scope
Missouri mechanic liens attach to the building or improvement and the land upon which it is situated. Mechanic Liens arising from contracts with lessees attach to the improvement and the leasehold interest. The mechanic lien relates back to the commencement of the improvement, giving properly filed mechanic liens priority over subsequent encumbrances.
Frequently Asked Questions
What is the deadline to file a mechanic lien in Missouri?
Under M.R.S. §429.080, contractors, subcontractors, and materialmen must file a Mechanic Lien Statement within 6 months from the date of last performance or delivery of materials.
What is the rental equipment mechanic lien deadline in Missouri?
Rental equipment providers (under $5,000) must record their mechanic lien within 60 days after the last date of the equipment rental — a significantly shorter window than the standard 6-month period.
Must subcontractors give notice before filing a Missouri mechanic lien?
Yes. Under M.R.S. §429.100, subcontractors must serve a Subcontractor's Notice of Mechanic Lien on the owner at least 10 days before filing, with personal service required. This does not extend the 6-month deadline.
Where do I record a mechanic lien in Missouri?
The Mechanic Lien Statement must be filed with the clerk of the circuit court in the county where the improved property is located.
Does the 10-day notice extend the 6-month deadline?
No. The 10-day notice must be served within the 6-month window. The subcontractor must plan ahead to serve notice early enough so the mechanic lien can still be recorded before the 6-month deadline expires.
What priority does a Missouri mechanic lien have?
Missouri mechanic liens relate back to the commencement of the improvement, giving properly filed mechanic liens priority over subsequent encumbrances on the property.
Related Missouri Resources
Explore other critical compliance areas for Missouri construction mechanic lien law.
Notice Requirements
Contractor's Notice of Claim, subcontractor 10-day notice of intent to file mechanic lien, residential consent requirements, and rental equipment notices
Mechanic Lien Enforcement Deadlines
6-month suit deadline after mechanic lien filing, public works bond claims under M.R.S. §107.170, and enforcement timelines
Missouri Overview
Return to the main Missouri construction mechanic lien law page
