Missouri Notice Requirements

Contractor's Notice of Claim (M.R.S. §429.012)

General contractors must provide the property owner with a written Contractor's Notice of Claim regarding potential claims of subcontractors. This notice must be included in the written contract with the owner, or mailed prior to receiving payment, or delivered with the first invoice when the work is commenced.

Strict compliance with the statutory language is required. The exact language prescribed by M.R.S. §429.012 must be used. Failure to include the proper statutory notice language can jeopardize the contractor's mechanic lien rights.

Subcontractor & Materialman — Residential Owner Consent Requirement

For owner-occupied residential property of four families or less, consent to mechanic lien by the owner must be part of the contract for subcontractor and materialman mechanic lien rights to exist. Without this consent in the contract, subcontractors and materialmen have no mechanic lien rights on qualifying residential properties.

This is a critical threshold requirement. Subcontractors and suppliers should verify at the outset of any residential project whether the owner-consent provision exists in the prime contract, as its absence eliminates their mechanic lien rights entirely.

Subcontractor's Notice of Mechanic Lien — 10-Day Notice to Owner (M.R.S. §429.100)

Before filing a mechanic lien, subcontractors and materialmen must serve a Subcontractor's Notice of Mechanic Lien on the property owner at least 10 days before filing the mechanic lien. Personal service is required — this notice cannot be sent by mail.

This 10-day notice does not extend the 6-month mechanic lien filing deadline. The notice must be provided within a timeframe that still allows the mechanic lien statement to be recorded within 6 months of last performance. Failure to serve this notice bars the subcontractor from recording a valid mechanic lien.

Rental Equipment Under $5,000 — Preliminary Notice

Providers of rental equipment valued under $5,000 must serve written notice to the property owner within 5 business days of the commencement of the rental. This early notice requirement ensures that property owners are aware of rental equipment being used on their projects.

In addition to the preliminary notice, rental equipment providers must also serve the 10-day Subcontractor's Notice of Mechanic Lien (M.R.S. §429.100) with personal service before filing the mechanic lien.

Service Methods

Missouri law requires the following methods of serving statutory mechanic lien notices:

• Subcontractor's Notice of Mechanic Lien (§429.100): Personal service is required — mail is not sufficient
• Contractor's Notice of Claim (§429.012): Must be included in the written contract, mailed prior to payment, or delivered with the first invoice
• Rental Equipment Preliminary Notice: Written notice to property owner within 5 business days of rental commencement

Why Proper Notice Matters in Missouri

Missouri's notice requirements serve as gatekeeping functions for mechanic lien rights. The Contractor's Notice of Claim must use the exact statutory language. The Subcontractor's 10-day notice requires personal service — not certified mail. The residential consent requirement can eliminate mechanic lien rights entirely. Failing to comply with any of these requirements can result in the complete loss of mechanic lien rights with no opportunity for correction.