– 33 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM As described further in Section 429.010, RSMo, “Any person who shall do or perform any work or labor upon land, rent any machinery or equipment, or use any rental machinery or equipment, or furnish any material, fixtures, engine, boiler, or machinery for any building, erection or improvements upon land, or for repairing, grading, excavating, or filling of the same, or furnish and plant trees, shrubs, bushes or other plants or provides any type of landscaping goods or services or who installs outdoor irrigation systems under or by virtue of any contract with the other or proprietor thereof, or his or her agent, trustee, contractor or subcontractor, or without a contract if ordered by a city, town, village or county having a charter form of government to abate the conditions that caused a structure on that property to be deemed a dangerous building under local ordinances pursuant to Section 67.410, RSMo, upon complying with the provisions of sections 429.010 to 429.340.” Includes architectural, engineering, surveying, and landscaping work. Section 429.015, RSMo. DEADLINE TO PERFECT Lien demand must be filed within 6 months after (1) indebtedness shall have accrued (the last labor performed or materials furnished). Manning Const. Co., Inc. v. MCI Partners, LLC (App. W.D. 2013) 419 S.W.3d 134,. NOTE: Rental equipment claimants must file lien demand within 60 days after date last machinery removed. Section 429.080, RSMo BROKEN PRIORITY Lien date relates backs to the commencement of buildings or improvements. “Commencement” means visible commencement of actual work or improvement that makes it apparent that improvement will be made. Does not include clearing or staking, but does include foundation excavation. Drilling Serv. Co. v. Baebler, 484 S.W.2d 1, 9 (Mo. 1972) NOTE/EXCEPTION: It is a question of fact whether a mortgagor’s conduct might remove purchase money priority for said mortgagor, Section 429.050, RSMo; Trout’s Investments, Inc. v. Davis, 482 S.W.2d 510.(Mo. 1972) Section 429.060, RSMo DURATION OF LIEN Lien will cease if not enforced within 6 months after filing. Section 429.170, RSMo CONTENTS OF LIEN (1) Verified statement under oath by lienor or credible person on lienor’s behalf; (2) the amount due with credits; (3) true description of property sufficient to ID the same; and (4) name of owner or contractor (or both), if known. Substantial compliance is sufficient. If error intentional/with knowledge or cannot distinguish between lienable and nonlienable, then will be invalidated. Brentwood Glass Company, Inc. v. Pal’s Glass Service, Inc., 499 S.W.3d 296 (Mo. 2016). Section 429.080, RSMo BY STATE MECHANIC’S LIEN LAWS MISSOURI MISSOURI
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