Which Missouri lien notice is yours? Start with who hired you and what kind of building it is

Missouri has several notices on the way to a lien, and they belong to different people. Suppliers sometimes send the one they've heard of instead of the one their role calls for. Sorting it out takes two questions before anyone looks at a date.

Question one: did you contract with the owner?

If you did, you are the original contractor for this purpose, and the disclosure notice in RSMo 429.012 is your duty. It has to be given before you receive any payment: at contract signing, at the first delivery, when work starts, or with the first invoice. There's an exception for certain new residences that have title-insurance lien protection.

A supplier can end up as an original contractor simply by selling straight to the owner. If the paperwork is unclear about who the buyer was, settle that first.

Question two: what kind of property is it?

If you didn't contract with the owner, the usual step is the ten-day notice under RSMo 429.100, served on the owner or agent at least ten days before the filing date you've chosen. Two residential branches change that.

• Existing owner-occupied homes of four units or fewer, being repaired, remodeled or added to (RSMo 429.013): a claimant other than the original contractor attaches the prescribed signed owner consent to the lien claim.
• Other qualifying residential property under RSMo 429.016: if the owner records a notice of intended sale, you may need to record a notice of rights at least five calendar days before the stated closing. This branch replaces the 429.100 ten-day notice.

Then the dates

The lien itself goes to the circuit clerk within six months after the debt accrued (RSMo 429.080), and the suit follows within six months after filing (RSMo 429.170). The notice of rights goes to the recorder of deeds, a different office.

LienDeadline keeps a table of Missouri lien notice rules by contracting role, with each statute linked. It is general information, so a disputed role or accrual date belongs with a Missouri construction attorney.

From the LienDeadline team. General information, not legal advice; have a qualified reviewer check the facts on any live job.