• Missouri is a FULL PRICE lien state.
• The owner cannot Bond-Off a lien in Missouri.

(Private Construction) - Rules for Rental Equipment and Machinery:

1. Claim must over $5,000.
2. Equipment/machinery must be used on commercial property.
3. The party claiming the lien provides written notice within 15 business days of the commencement of the use of the rental machinery or equipment to the property owner that rental machinery or equipment is being used upon their property. Such notice shall identify the name of the entity that rented the machinery or equipment, the machinery or equipment being rented, and the rental rate.  
4. File lien within 60 days after the date the equipment/machinery was removed from property.

• Note that payments to contractor and subcontractors (or material suppliers) by joint check, if endorsed by both parties, constitutes payment to the subcontractor or material supplier, regardless of whether the subcontractor or material supplier actually keeps the proceeds owed to it.
• Suppliers and Subcontractors: On any improvement, repair or remodeling of owner-occupied residential property of four units or less, no person, other than the original contractor, is entitled to impose a lien against the owner's property unless the owner signs the following consent which shall be in at least ten point bold type:

CONSENT OF OWNER 
CONSENT IS HEREBY GIVEN FOR FILING OF MECHANIC'S LIENS BY ANY PERSON WHO SUPPLIES MATERIALS OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT ON THE PROPERTY ON WHICH IT IS LOCATED IF THEY ARE NOT PAID.429.013 R.S.Mo.

Private Residential Considerations
Notice Speed Bumps

• Notification is required when contracting directly with the owner on private projects.
• The general contractor must obtain the written permission of the owner of a residential project before extending lien rights to subcontractors or materials suppliers. This consent to lien must also be obtained before work begins on the project.

Mechanic’s Lien Speed Bumps

• The claimant's mechanic's lien extends to both the improvements made by the claimant and the entire property on which the improvements are made.
• There are also acreage limits on liens in MO.  For property outside a city, town or village, the lien is limited to the lot upon which the improvement is made, but no more than three acres.  There are no general acreage limits in a city, town or village.
• The lien statement must be filed in the Clerk of Circuit Court's office in the county where the real estate is located.  If the real estate lies in more than one county, a separate Lien Statement must be filed in each county involved.
• Leashold Intrests: Under 429.070, R.S.Mo, lien rights only extend to a claimant providing labor, material or equipment pursuant to the contract with the leasehold owner, in other words, only the prime contractor.

Foreclosure Speed Bumps

• Attorney fees are not lienable.

• A very brief statute, lays out thresholds and that the bond is required.   Review the bond for specific bond claim notice requirements.