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Home > Statutes > Usa Missouri
USA Statutes : missouri
Title : DEBTOR-CREDITOR RELATIONS
Chapter : Chapter 429 Statutory Liens Against Real Estate
1. An agreement by an original contractor, subcontractor,
supplier or laborer to waive any right to enforce or claim any lien
authorized under this chapter, where the agreement is in anticipation of
and in consideration for the awarding of a contract or subcontract to
perform work or supply materials for an improvement upon real property,
whether expressly stated or implied, is against public policy and shall
be unenforceable. The provisions of this section shall not prohibit
subordination or release of a lien authorized under this chapter.

2. Nothing contained in this section shall be construed to prohibit
contractual provisions requiring lien waivers as a condition for payment.
(L. 1992 H.B. 982 § 1)



Any person who shall do or perform any work or labor upon, rent
any 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 owner 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, shall have for his or her work or labor
done, machinery or equipment rented or materials, fixtures, engine,
boiler, machinery, trees, shrubs, bushes or other plants furnished, or
any type of landscaping goods or services provided, a lien upon such
building, erection or improvements, and upon the land belonging to such
owner or proprietor on which the same are situated, to the extent of
three acres; or if such building, erection or improvements be upon any
lot of land in any town, city or village, or if such building, erection
or improvements be for manufacturing, industrial or commercial purposes
and not within any city, town or village, then such lien shall be upon
such building, erection or improvements, and the lot, tract or parcel of
land upon which the same are situated, and not limited to the extent of
three acres, to secure the payment of such work or labor done, machinery
or equipment rented, or materials, fixtures, engine, boiler, machinery,
trees, shrubs, bushes or other plants or any type of landscaping goods or
services furnished, or outdoor irrigation systems installed; except that
if such building, erection or improvements be not within the limits of
any city, town or village, then such lien shall be also upon the land to
the extent necessary to provide a roadway for ingress to and egress from
the lot, tract or parcel of land upon which such building, erection or
improvements are situated, not to exceed forty feet in width, to the
nearest public road or highway. Such lien shall be enforceable only
against the property of the original purchaser of such plants unless the
lien is filed against the property prior to the conveyance of such
property to a third person. For claims involving the rental of machinery
or equipment, the lien shall be for the reasonable rental value of the
machinery or equipment during the period of actual use and any periods of
nonuse taken into account in the rental contract, while the equipment is
on the property in question. There shall be no lien involving the rental
of machinery or equipment unless:

(1) The improvements are made on commercial property;

(2) The amount of the claim exceeds five thousand dollars; and

(3) The party claiming the lien provides written notice within five
business days of the commencement of the use of the rental property 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. (RSMo 1939 § 3546, A.L. 1959 S.B. 257 & 295,
A.L. 1974 H.B. 1251 § 429.010 subsec. 2, A.L. 1986 H.B. 942, et al., A.L.
1990 S.B. 808 & 672, A.L. 1992 H.B. 1434 & 1490, A.L. 2005 S.B. 320)

Prior revisions: 1929 § 3156; 1919 § 7216; 1909 § 8212

(1972) A mechanic's lien does not attach to buildings and property owned
by a municipality and used for the benefit of the public. Union Reddi-Mix
Co. v. Specialty Concrete Contr. (A.), 476 S.W.2d 160.



1. Every original contractor, who shall do or perform any work
or labor upon, or furnish any material, fixtures, engine, boiler or
machinery for any building, erection or improvements upon land, or for
repairing the same, under or by virtue of any contract, 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, shall provide to the person with whom
the contract is made or to the owner if there is no contract, prior to
receiving payment in any form of any kind from such person, (a) either at
the time of the execution of the contract, (b) when the materials are
delivered, (c) when the work is commenced, or (d) delivered with first
invoice, a written notice which shall include the following disclosure
language in ten-point bold type:

NOTICE TO OWNER

FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR
SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A
MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT
PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS
CONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR
SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN
WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.

2. Compliance with subsection 1 of this section shall be a condition
precedent to the creation, existence or validity of any mechanic's lien
in favor of such original contractor.

3. Any original contractor who fails to provide the written notice set
out in subsection 1 of this section, with intent to defraud, shall be
guilty of a class B misdemeanor and any contractor who knowingly issues a
fraudulent lien waiver or a false affidavit shall be guilty of a class C
felony.

4. The provisions of subsections 1 and 2 of this section shall not apply
to new residences for which the buyer has been furnished mechanics' and
suppliers' lien protection through a title insurance company registered
in the state of Missouri.

5. Any settlement agent, including but not limited to any title insurance
company, title insurance agency, title insurance agent or escrow agent
who knowingly accepts, with intent to defraud, a fraudulent lien waiver
or a false affidavit shall be guilty of a class C felony if the
acceptance of the fraudulent lien waiver or false affidavit results in a
matter of financial gain to:

(1) The settlement agent or to its officer, director or employee other
than a financial gain from the charges regularly made in the course of
its business;

(2) A person related as closely as the fourth degree of consanguinity to
the settlement agent or to an officer, director or employee of the
settlement agent;

(3) A spouse of the settlement agent, officer, director or employee of
the settlement agent; or

(4) A person related as closely as the fourth degree of consanguinity to
the spouse of the settlement agent, officer, director or employee of the
settlement agent. (RSMo 1939 § 3546, A.L. 1959 S.B. 257 & 295, A.L. 1974
H.B. 1251 § 429.010 subsec. 1, A.L. 1986 H.B. 942, et al., A.L. 1992 H.B.
1434 & 1490, A.L. 1993 S.B. 18)



1. The provisions of this section shall apply only to the repair
or remodeling of or addition to owner-occupied residential property of
four units or less. The term "owner" means the owner of record at the
time any contractor, laborer or materialman agrees or is requested to
furnish any work, labor, material, fixture, engine, boiler or machinery.
The term "owner-occupied" means that property which the owner currently
occupies, or intends to occupy and does occupy as a residence within a
reasonable time after the completion of the repair, remodeling or
addition which is the basis for the lien sought, pursuant to this
section. The term "residential property" means property consisting of
four or less existing units to which repairs, remodeling or additions are
undertaken. This section shall not apply to the building, construction or
erection of any improvements constituting the initial or original
residential unit or units or other improvements or appurtenances forming
a part of the original development of the property. The provisions added
to this subsection in 1990 are intended to clarify the scope and meaning
of this section as originally enacted.

2. No person, other than an original contractor, who performs any work or
labor or furnishes any material, fixtures, engine, boiler or machinery
for any building or structure shall have a lien under this section on
such building or structure for any work or labor performed or for any
material, fixtures, engine, boiler, or machinery furnished unless an
owner of the building or structure pursuant to a written contract has
agreed to be liable for such costs in the event that the costs are not
paid. Such consent shall be printed in ten point bold type and signed
separately from the notice required by section 429.012 and shall contain
the following words:

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 HE IS NOT PAID.

3. In addition to complying with the provisions of section 429.012, every
original contractor shall retain a copy of the notice required by that
section and any consent signed by an owner and shall furnish a copy to
any person performing work or labor or furnishing material, fixtures,
engines, boilers or machinery upon his request for such copy of the
notice or consent. It shall be a condition precedent to the creation,
existence or validity of any lien by anyone other than an original
contractor that a copy of a consent in the form prescribed in subsection
2 of this section, signed by an owner, be attached to the recording of a
claim of lien. The signature of one or more of the owners shall be
binding upon all owners. Nothing in this section shall relieve the
requirements of any original contractor under sections 429.010 and
429.012.

4. In the absence of a consent described in subsection 2 of this section,
full payment of the amount due under a contract to the contractor shall
be a complete defense to all liens filed by any person performing work or
labor or furnishing material, fixtures, engines, boilers or machinery.
Partial payment to the contractor shall only act as an offset to the
extent of such payment.

5. Any person falsifying the signature of an owner, with intent to
defraud, in the consent of owner provided in subsection 2 of this section
shall be guilty of a class C felony. Any original contractor who
knowingly issues a fraudulent consent of owner shall be guilty of a class
C felony. (L. 1986 H.B. 942, et al., A.L. 1989 H.B. 630, A.L. 1990 S.B.
808 & 672)



1. Any original contractor, subcontractor or supplier who fails
or refuses to pay any subcontractor, materialman, supplier or laborer for
any services or materials provided pursuant to any contract referred to
in section 429.010, 429.012 or 429.013 for which the original contractor,
subcontractor or supplier has been paid, with the intent to defraud,
commits the crime of lien fraud, regardless of whether the lien was
perfected or filed within the time allowed by law.

2. A property owner or lessee who pays a subcontractor, materialman,
supplier or laborer for the services or goods claimed pursuant to a lien,
for which the original contractor, subcontractor or supplier has been
paid, shall have a claim against the original contractor, subcontractor
or supplier who failed or refused to pay the subcontractor, materialman,
supplier or laborer.

3. Lien fraud is a class C felony if the amount of the lien filed or the
aggregate amount of all liens filed on the subject property as a result
of the conduct described in subsection 1 of this section is in excess of
five hundred dollars, otherwise lien fraud is a class A misdemeanor. If
no liens are filed, lien fraud is a class A misdemeanor. (L. 1986 H.B.
942, et al. § 1, A.L. 1988 H.B. 1711)



1. Every registered architect or corporation registered to
practice architecture, every registered professional engineer or
corporation registered to practice professional engineering, every
registered landscape architect or corporation registered to practice
landscape architecture, and every registered land surveyor or corporation
registered to practice land surveying, who does any landscape
architectural, architectural, engineering or land surveying work upon or
performs any landscape architectural, architectural, engineering or land
surveying service directly connected with the erection or repair of any
building or other improvement upon land under or by virtue of any
contract with the owner or lessee thereof, or such owner's or lessee's
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
this chapter, shall have for such person's landscape architectural,
architectural, engineering or land surveying work or service so done or
performed, a lien upon the building or other improvements and upon the
land belonging to the owner or lessee on which the building or
improvements are situated, to the extent of one acre. If the building or
other improvement is upon any lot of land in any town, city or village,
then the lien shall be upon such building or other improvements, and the
lot or land upon which the building or other improvements are situated,
to secure the payment for the landscape architectural, architectural,
engineering or land surveying work or service so done or performed. For
purposes of this section, a corporation engaged in the practice of
architecture, engineering, landscape architecture, or land surveying,
shall be deemed to be registered if the corporation itself is registered
under the laws of this state to practice architecture, engineering or
land surveying.

2. Every mechanic or other person who shall do or perform any work or
labor upon or furnish any material or machinery for the digging of a well
to obtain water under or by virtue of any contract with the owner or
lessee thereof, or such owner's or lessee's agent, trustee, contractor or
subcontractor, upon complying with the provisions of sections 429.010 to
429.340 shall have for such person's work or labor done, or materials or
machinery furnished, a lien upon the land belonging to such owner or
lessee on which the same are situated, to the extent of one acre, to
secure the payment of such work or labor done, or materials or machinery
furnished as aforesaid.

3. Every mechanic or other person who shall do or perform any work or
labor upon, or furnish any material, fixtures, engine, boiler or
machinery, for the purpose of demolishing or razing a building or
structure under or by virtue of any contract with the owner or lessee
thereof, or such owner's or lessee's 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, shall have
for such person's work or labor done, or materials, fixtures, engine,
boiler or machinery furnished, a lien upon the land belonging to such
owner or lessee on which the same are situated, to the extent of one
acre. If the building or buildings to be demolished or razed are upon any
lot of land in any town, city or village, then the lien shall be upon the
lot or lots or land upon which the building or other improvements are
situated, to secure the payment for the labor and materials performed.

4. The provisions of sections 429.030 to 429.060 and sections 429.080 to
429.430 applicable to liens of mechanics and other persons shall apply to
and govern the procedure with respect to the liens provided for in
subsections 1, 2 and 3 of this section.

5. Any design professional or corporation authorized to have lien rights
under subsection 1 of this section shall have a lien upon the building or
other improvement and upon the land, whether or not actual construction
of the planned work or improvement has commenced if:

(1) The owner or lessee thereof, or such owner's or lessee's agent or
trustee, contracted for such professional services directly with the
design professional or corporation asserting the lien; and

(2) The owner or lessee is the owner or lessee of such real property
either at the time the contract is made or at the time the lien is filed.

6. Priority between a design professional or corporation lien claimant
and any other mechanic's lien claimant shall be determined pursuant to
the provisions of section 429.260 on a pro rata basis.

7. In any civil action, the owner or lessee may assert defenses which
include that the actual construction of the planned work or improvement
has not been performed in compliance with the professional services
contract, is impracticable or is economically infeasible.

8. The agreement is in writing. (L. 1971 S.B. 217, A.L. 1988 H.B. 1711,
A.L. 1989 H.B. 190, et al., A.L. 1990 S.B. 808 & 672, A.L. 1992 H.B. 1434
& 1490, A.L. 1997 S.B. 171)

(1978) Held, that claimant was entitled to mechanics lien for
contributing to performance of demolition contract by demolishing and
removing debris, although initially called to site for rescue assistance.
Marsh v. Allright Missouri, Inc. (A.), 568 S.W.2d 577.

(1992) Statute precludes architectural firm which performs architectural
services under a contract while it is unregistered with the board for
architects, engineers and land surveyors from having statutory lien for
services. Statute requires architectural services to be performed under a
contract in order to have enforceable lien. In re Branson Mall, Inc., 970
F.2d 456 (8th Cir.).



Every mechanic or other person who shall do or perform any work
or labor upon or furnish any material for the construction of any street,
curb, sidewalk, sewerline, waterline, or other pipeline in front of,
adjacent to, along or adjoining any lot, tract or parcel of land in any
town, city or village, under or by virtue of any contract with the owner
or proprietor of such lot, tract or parcel of land, or his 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, shall, upon complying with the provisions of sections
429.010 to 429.340, have a lien upon such lot, tract or parcel of land
for his work or labor done, or material furnished. (RSMo 1939 § 3547,
A.L. 1961 p. 341, A.L. 1992 H.B. 1434 & 1490)

Prior revisions: 1929 § 3157; 1919 § 7217; 1909 § 8213



The entire land, to the extent aforesaid, upon which any such
building, erection or improvement is situated, or in front or alongside
of which such street, curb, sidewalk, sewerline, waterline or other
pipeline shall have been built, including as well that part of said land
which is not covered with such building, erection or other improvement as
that part thereof which is covered with the same, shall be subject to all
liens created by sections 429.010 to 429.340 to the extent, and only to
the extent, of all the right, title and interest owned therein by the
owner or proprietor of such building, erection or improvement, and for
whose immediate use or benefit the labor was done or the things
furnished. (RSMo 1939 § 3548, A.L. 1961 p. 342)

Prior revisions: 1929 § 3158; 1919 § 7218; 1909 § 8214



1. When multiple lots, tracts or parcels are the subject of one
mechanic's lien created by virtue of sections 429.010 to 429.340, it
shall be permissible for every mechanic or other person who has a lien
upon such multiple lots, tracts or parcels to release one or more of the
lots, tracts or parcels from the mechanic's lien. The lots, tracts or
parcels released, and the amount of mechanic's lien debt attributable to
such lot, tract or parcel so released shall be specified by the
mechanic's lien claimant.

2. Whenever a mechanic's lien filed upon multiple lots, tracts or parcels
is partially released as to one or more of the lots, tracts or parcels,
it shall be the duty of the mechanic's lien claimant to acknowledge upon
the record or the margin thereof, in the office of the clerk of the
circuit court, the portion of the mechanic's lien debt that is satisfied
and the lots, tracts or parcels which are being released. The
acknowledgment shall be sufficient if filed with the clerk of the circuit
court in the following form:

PARTIAL RELEASE OF MECHANIC'S LIEN

STATE OF MISSOURI)


)SS.

COUNTY OF )


COMES NOW ...................., (name of lien claimant) the lien claimant
and does hereby partially release its mechanic's lien filed on ........,
(date lien filed) and filed for record as lien number
......................................... (lien number or book and page
numbers)

The amount of the original mechanic's lien debt is $ ......... .

The amount of the original mechanic's lien debt which is now satisfied is
$ ............. .

The lots, tracts or parcels which are being released are more fully
described as follows:

(Legal description of lots, tracts or parcels which are being released)

..........................

Lien Claimant

By........................

(Signature of authorized

representative)

(FOR INDIVIDUAL LIEN CLAIMANT)

On this ........ day of ........, 19...., before me personally appeared
............................, to me* known to be the person described in
and who executed the foregoing instrument, and acknowledged that he/she
executed the same as his/her free act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal in the county and state aforesaid, the day and year first above
written.

............................

Notary Public

My commission expires:

......................

OR

(FOR CORPORATE LIEN CLAIMANT)

On this .......... day of ........, 19........, before me personally
appeared ................................, to me personally known, who,
being by me duly sworn, did say that he is the ........................
of ............................, a Missouri corporation, and that the
seal affixed to the foregoing corporation, and that the seal affixed to
the foregoing instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed on behalf of said corporation
by authority of its board of directors; and said ....................
acknowledged said instrument to be the free act and deed of said
corporation.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal in the county and state aforesaid, the day and year first above
written.

............................

Notary Public

My commission expires:

......................

(L. 1992 H.B. 1434 & 1490 § 23)

*Word "be" appears in original rolls.



When the improvements consist of two or more buildings, united
together and situated upon the same lot or contiguous lots, or separate
buildings upon contiguous lots, or a continuous or connected sidewalk in
front or alongside of contiguous lots, and erected under one general
contract, it shall not be necessary to file a separate lien upon each
building or lot for the work done or materials furnished in the erection
of such improvements. (RSMo 1939 § 3579)

Prior revisions: 1929 § 3189; 1919 § 7249; 1909 § 8237

(1960) Where petition of subcontractor alleged that work in paving and
grading of street and driveways for twelve contiguous lots of land was
all performed under one contract, that the general contractor engaged to
construct the buildings on the various lots and alleged that the
contiguous lots were owned by the present owners, it stated a cause of
action for a mechanics' lien. Ladue Contracting Co. v. Land Development
Co. (A.), 337 S.W.2d 578.

(1960) Where one contract for plumbing was made for a large number of
buildings in a subdivision on property owned by four different
corporations but which was controlled by a fifth corporation and the lots
were separated by streets, they were contiguous within the meaning of
this section and therefore subject to the mechanics' lien law. Schwartz
v. Shelby Const. Co. (Mo.), 338 S.W.2d 781.

(1968) The words "erected under one general contract" as used in
mechanics' lien statutes are not confined to a case where the whole of
the buildings are to be completed under one contract, but include a
contract to purchase all of the materials of a specified kind for the
buildings. Stewart C.&M. Co. v. James H. Stanton Construction Co. (A.),
433 S.W.2d 76.

(1969) Two tracts or two lots which have only one common corner are not
"contiguous" within the meaning of this section. Stewart C.&M. Co. v.
James H. Stanton Construction Co. (A.), 433 S.W.2d 76.

(1971) Lots held not to be contiguous where private street separated them
and contractor who began work after subdividing and building of street
was not entitled to single mechanic's lien against all lots. United
Lumber Co. v. Minmac Investment Co. (A.), 472 S.W.2d 630.

(2001) Section is the exclusive avenue for filing a blanket lien covering
more than one building or lot. Concrete Company of the Ozarks v.
Catamount Ridge North, LLC, 63 S.W.3d 260 (Mo.App. S.D.).



The lien for the things aforesaid, or work, shall attach to the
buildings, erections or improvements for which they were furnished or the
work was done, in preference to any prior lien or encumbrance or mortgage
upon the land upon which said buildings, erections, improvements or
machinery have been erected or put; and any person enforcing such lien
may have such buildings, erections or improvements sold under execution,
and the purchaser may remove the same within a reasonable time
thereafter; provided, that nothing contained in this section shall be so
construed as to allow any such sidewalk as is mentioned in sections
429.010 to 429.340 to be so sold under execution or so removed. (RSMo
1939 § 3549)

Prior revisions: 1929 § 3159; 1919 § 7219; 1909 § 8215

(1972) This section applies only to new construction and does not apply
to improvements or repairs of existing structures thus where prior
mortgage was given upon land and an existing structure the mechanic's
liens arising incident to improvement or repair of existing structure had
no priority over mortgage; but by its actions in inducing lien claimants
to furnish material and labor which were the basis of the liens,
mortgagee bank waived and was estopped from asserting its priority and
mechanic's lien claimants had paramount liens not only on improvements
but also on land itself. Trout's Investments, Inc. v. Davis (Mo.), 482
S.W.2d 510.

(1978) Statutes providing for priority of mechanic's lien over deed of
trust did not violate due process rights of lender under the deed of
trust. Westinghouse Electric Company v. Vann Realty Company (Mo.), 568
S.W.2d 777.



The lien for work and materials as aforesaid shall be preferred
to all other encumbrances which may be attached to or upon such
buildings, bridges or other improvements, or the ground, or either of
them, subsequent to the commencement of such buildings or improvements.
(RSMo 1939 § 3553)

Prior revisions: 1929 § 3163; 1919 § 7223; 1909 § 8219

(1967) A properly filed mechanic's lien dates from the visible
commencement of actual operations on the ground for the erection of the
building or the making of the improvement which makes it apparent that a
building has been commenced or that an improvement is to be made, done
with the intention and formed purpose to continue the work until
completed. H. B. Deal Construction Co. v. Labor Discount Center, Inc.
(Mo.), 418 S.W.2d 940.

(1978) Statutes providing for priority of mechanic's lien over deed of
trust did not violate due process rights of lender under the deed of
trust. Westinghouse Electric Company v. Vann Realty Company (Mo.), 568
S.W.2d 777.



1. Every building, erection, improvement and plant erected or
constructed, and all materials, fixtures, engines, boilers, pumps,
belting, pulleys, shafting, machinery and other personal property
furnished, or placed on licensed or leased lots or lands shall,
regardless of whether or not the owner of the license or lease has the
right thereunder to remove the same or other personal property from such
licensed or leased premises during or at the end of the term thereof, be
held for the debt contracted for on account of the same and also the
licensed interest or leasehold term for such lot and land on which the
same is placed or erected.

2. Every mechanic, person or corporation who shall erect or construct any
building, plant, improvement, or erection, or who shall furnish any
material, fixture, engine, boiler, pump, belting, pulley, shafting,
machinery or other personal property upon either licensed or leased lots
or lands under or by virtue of any contract or account with the owner or
proprietor of the license or lease or with his or its agent, 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, shall have a lien upon such building, plant,
improvement, erection, and also upon such materials, fixtures, engines,
boilers, pumps, belting, pulleys, shafting, machinery and such other
personal property and also upon the license or lease on such lots or
lands to the full extent of the number of acres or lots held under such
license or lease by the owner thereof, and regardless of whether or not
the owner of such license or lease has the right thereunder to remove
either during or at the end of the term thereof such building, plant,
improvement, erection, materials, fixtures, engines, boilers, pumps,
belting, pulleys, shafting or machinery or other personal property
thereon.

3. Every mechanic, person or corporation who shall do or perform any work
or labor upon or repair any fixture, engine, boiler, pump, belting,
pulley, shafting, machinery or other personal property belonging to a
licensee or lessee and located upon either licensed or leased lots shall
have for his work or labor done in repairing such personal property of
the lessee or licensee, a lien upon such fixtures, engines, boilers,
pumps, belting, pulleys, shafting, machinery or other personal property
belonging to the lessee.

4. In case the licensee or lessee shall have forfeited his license or
lease, the purchaser of the buildings, plants, erections, improvements,
materials, fixtures, engines, boilers, pumps, belting, pulleys, shafting,
machinery or other personal property and licensed interest or leasehold
term or so much thereof as remains unexpired under the provisions of
sections 429.010 to 429.340 shall be held to be the assignee of such
licensed interest or leasehold term and as such shall be entitled to pay
to the licensor or lessors all arrears of rents or other money, interest
and costs due under said license or lease unless the licensor or lessor
shall have regained possession of the licensed, or leasehold land, or
obtained judgment for the possession thereof on account of the
noncompliance by the licensee or lessee with the terms of the license or
lease prior to the commencement of the buildings, erections, plants, or
improvements erected or constructed prior to the time the materials,
fixtures, engines, boilers, pumps, belting, pulleys, shafting, machinery
or other personal property is furnished, or placed thereon, in which case
the purchaser of the buildings, erections, plants, improvements,
materials, fixtures, engines, boilers, pumps, belting, pulleys, shafting,
machinery or other personal property shall have the right to remove the
same within sixty days after the purchase thereof, and the owner of the
ground shall receive the rent due to him payable out of the proceeds of
the sale, according to the terms of the license or lease, down to the
time of removing the building, erections, plants, improvements,
materials, fixtures, engines, boilers, pumps, belting, pulleys, shafting,
machinery or other personal property. (RSMo 1939 § 3550, A. 1949 S.B.
1120, A.L. 1992 H.B. 1434 & 1490)

Prior revisions: 1929 § 3160; 1919 § 7220; 1909 § 8216



It shall be the duty of every original contractor, every
journeyman and day laborer, and every other person seeking to obtain the
benefit of the provisions of sections 429.010 to 429.340, within six
months after the indebtedness shall have accrued, or, with respect to
rental equipment or machinery, within sixty days after the date the last
of the rental equipment or machinery was last removed from the property,
to file with the clerk of the circuit court of the proper county a just
and true account of the demand due him or them after all just credits
have been given, which is to be a lien upon such building or other
improvements, and a true description of the property, or so near as to
identify the same, upon which the lien is intended to apply, with the
name of the owner or contractor, or both, if known to the person filing
the lien, which shall, in all cases, be verified by the oath of himself
or some credible person for him. (RSMo 1939 § 3551, A.L. 1986 H.B. 942,
et al., A.L. 2005 S.B. 320)

Prior revisions: 1929 § 3161; 1919 § 7221; 1909 § 8217

CROSS REFERENCES: Liens on property, where filed in Kaw township, Jackson
County, RSMo 478.483 Lewis County, RSMo 478.353

(1953) Supervisor of construction and carpenter employed directly by
owners and paid at hourly rate, and supplier of material under contract
with owners held original contractors under this section so as to permit
filing of account within six months. E. C. Robinson Lumber Co. v. Baugher
(A.), 258 S.W.2d 259.

(1954) Lien account of subcontractor stated in a lump sum and not
itemized held not sufficient to establish lien against owner. Mississippi
Woodworking Co. v. Maher (A.), 273 S.W.2d 753.

(1956) Lien statement or account must be introduced in evidence or
otherwise made part of the record before appellate court can consider it
as supporting judgment. Wilson v. Berning (A.), 293 S.W.2d 151.

(1962) Lien statement of account of supplier of prefabricated house,
under a contract with developer and builder of houses who was the owner
of land involved, which stated the lump sum due for "materials for final
erection" was sufficient. Wadsworth Homes, Inc. v. Woodridge Corporation
(A.), 358 S.W.2d 288.

(1962) It was a question for jury to determine whether contractor who
dealt with individual purporting to act for corporation to be formed in
future, and for person who held title of tract which corporation was to
develop, dealt with owner and was therefore original contractor and
entitled to file lien account within six months after indebtedness
accrued. Vasquez v. Village Center, Inc. (Mo.), 362 S.W.2d 588.

(1963) Lien statement was sufficient which had attached invoice copies
covering each item comprising the demand with a unit price for each item
and the total price, as statute does not require itemization of payments
made for other materials ordered on the same job. Continental Electric
Co. v. Ebco, Inc. (A.), 365 S.W.2d 746.

(1963) The intentional inclusion in lien account filed of nonlienable
cash advance of $1900, entered as "advance labor", made the account
unjust and untrue and vitiated the entire lien. Putnam v. Heathman (A.),
367 S.W.2d 823.

(1968) The time period for the filing of a mechanic's lien cannot be
extended or waived. George F. Robertson Plastering Co. v. Altman (Mo.),
430 S.W.2d 169.

(1972) Lien statement of subcontractor, which commingled unfurnished and
nonlienable items with others and was stated in a lump sum, was not "a
just and true account" and since subcontractor utterly failed burden to
demonstrate that the excessive account resulted from inadvertence and
mistake, he was not as matter of law entitled to a lien against the
property in any sum and it was error for trial judge to submit the issue
to jury. Bremer v. Mohr (A.), 478 S.W.2d 14.

(1977) Held, an amount listed simply as "agreement for extras" which was
based on an oral agreement made outside the written contract does not
comply with the statutory requirement and will not establish a lien.
Malott Electric Co. v. Bryan Enterprises, Inc. (A.), 549 S.W.2d 558.

(1977) Held, statement of account which listed invoice numbers was not
sufficient to meet statutory requirements even though invoices with
itemized information were made available in court. Bernard v. Merrick
(A.), 549 S.W.2d 561.

(1978) Original contractor within meaning of this section refers to what
contractor is to do, and is not determined upon the characterization of
the terms "contractor" and "subcontractor" in the contract. Home Building
Corporation v. Ventura Corporation (Mo.), 568 S.W.2d 769.

(1992) Mechanic's lien law is remedial in nature and is to be liberally
construed. Although a claimant must substantially comply with the statute
in order to secure its benefits, the description of the property need not
be letter perfect. When the rights of third parties are not involved, the
description need only be sufficient to enable one familiar with the
locality to identify the premises intended to be covered by the lien.
Breckenridge Material v. Byrnesville Construction Co., Inc., 842 S.W.2d
551 (Mo. App. E.D.).



It shall be the duty of the clerk of the circuit court to
endorse upon every account the date of its filing, and maintain an
abstract thereof, containing the date of its filing, the name of the
person seeking to enforce the lien, the amount claimed, the name of the
person against whose property the lien is filed, and a description of the
property charged with the same. (RSMo 1939 § 3552, A.L. 1990 S.B. 808 &
672, A.L. 1996 S.B. 869, A.L. 1997 S.B. 248)

Prior revisions: 1929 § 3162; 1919 § 7222; 1909 § 8218

Effective 7-1-97



Every person except the original contractor, who may wish to
avail himself of the benefit of the provisions of sections 429.010 to
429.340, shall give ten days' notice before the filing of the lien, as
herein required, to the owner, owners or agent, or either of them, that
he holds a claim against such building or improvement, setting forth the
amount and from whom the same is due. Such notice may be served by any
officer authorized by law to serve process in civil actions, or by any
person who would be a competent witness. When served by an officer, his
official return endorsed thereon shall be proof thereof, and when served
by any other person, the fact of such service shall be verified by
affidavit of the person so serving. (RSMo 1939 § 3565)

Prior revisions: 1929 § 3175; 1919 § 7235; 1909 § 8231

(1964) The ten-day notice provision of this section does not reduce the
four-month provision of 429.080 to a lesser period of time. Continental
Casualty Co. v. Allsop Lumber Co., 336 F.2d 445.

(1975) "Original contractor" is one who contracts to furnish labor or
materials with the then owner of the property. J.R. Meade Co. v. Forward
Const. Co. (A.), 526 S.W.2d 21.

(1978) Original contractor within meaning of this section refers to what
contractor is to do, and is not determined upon the characterization of
the terms "contractor" and "subcontractor" in the contract. Home Building
Corporation v. Ventura Corporation (Mo.), 568 S.W.2d 769.



Whenever property is sought to be charged with a lien under
sections 429.010 to 429.340, and the owner of the property so sought to
be charged shall not be a resident of this state, or shall have no agent
in the county in which said property is situate, or when such owner shall
be a resident of the state, but conceals himself, or has absconded, or
absents himself from his usual place of abode, so that the notice
required by section 429.100 cannot be served upon him, then, and in every
such case, such notice may be filed with the recorder of deeds of the
county in which such property is situate, and when filed shall have like
effect as if served upon such owner or his agent in the manner
contemplated by section 429.100; and a copy of such notice so filed,
together with the certificate of such recorder of deeds that the same is
a correct copy of the notice so filed, shall be received in all courts of
this state as evidence of the service, as herein provided, of such
notice; and the recorder of deeds in each county of this state shall
receive, file and keep every such notice so presented to him for filing,
and shall further record the same at length in a separate book
appropriately entitled; and for such service so performed, such recorder
shall receive for each notice the sum of twenty-five cents, and for each
copy so certified as aforesaid of each of said notices, shall receive the
sum of fifty cents, to be paid by the party so filing or procuring such
certified copy, as the case may be, and the costs of filing and of one
certified copy shall be taxed as costs in any lien suit to which the same
pertains, to abide the result of the suit. (RSMo 1939 § 3566)

Prior revisions: 1929 § 3176; 1919 § 7236; 1909 § 8232

(1956) Evidence to establish circumstances prescribed by this section is
necessary to judgment where notice required by § 429.100 is not given.
Hertel Electric Co. v. Gabriel (A.), 292 S.W.2d 95.



Whenever any debt, which is a lien upon any building or other
improvement, shall be paid or satisfied, the creditor, if required, shall
file an acknowledgment of such satisfaction with the clerk of the circuit
court. (RSMo 1939 § 3563, A.L. 1996 S.B. 869, A.L. 1997 S.B. 248)

Prior revisions: 1929 § 3173; 1919 § 7233; 1909 § 8229

Effective 7-1-97



If any creditor refuse to enter satisfaction within ten days
after payment and request, as aforesaid, he shall be liable to any person
injured, to the amount of such injury and cost of suit. (RSMo 1939 § 3564)

Prior revisions: 1929 § 3174; 1919 § 7234; 1909 § 8230



In all cases where a lien shall be filed under the provisions of
sections 429.010 to 429.340 by any person other than a contractor, it
shall be the duty of the contractor to defend any action brought
thereupon, at his own expense; and, during the pendency of such action,
the owner may withhold from the contractor the amount of money for which
such lien shall be filed; and in case of judgment against the owner or
his property upon the lien, he shall be entitled to deduct from any
amount due by him to the contractor the amount of such judgment and
costs, and, if he shall have settled with the contractor in full, shall
be entitled to recover back from the contractor any amount so paid by the
owner for which the contractor was originally the party liable. (RSMo
1939 § 3567)

Prior revisions: 1929 § 3177; 1919 § 7237; 1909 § 8233



Every person, including all cestui que trust, for whose
immediate use, enjoyment or benefit any building, erection or improvement
shall be made, shall be included by the words "owner or proprietor"
thereof under sections 429.010 to 429.340, not excepting such as may be
minors over the age of eighteen years, or married women. (RSMo 1939 §
3568)

Prior revisions: 1929 § 3178; 1919 § 7238; 1909 § 8234

(1974) Held that a trustee in a deed of trust is not an "owner" under
this section and is not entitled to notice. The H.B. Deal, Nelle Plumbing
and Boyer cases not to be followed. R. L. Sweet Lumber Co., v. E.L. Lane
Inc. (Mo.), 513 S.W.2d 365.



Any two or more persons having filed in the clerk's office
mechanics' liens may assign to each other or to any other person all
their right, title and interest in and to such mechanics' liens, and the
assignee thereof may bring suit in his name and enforce all such assigned
liens as fully as if the same had not been assigned. (RSMo 1939 § 3615,
A. 1949 S.B. 1120)

Prior revisions: 1929 § 3225; 1919 § 7285; 1909 § 8266



All actions under sections 429.010 to 429.340 shall be commenced
within six months after filing the lien, and prosecuted without
unnecessary delay to final judgment; and no lien shall continue to exist
by virtue of the provisions of said sections, for more than six months
after the lien shall be filed, unless within that time an action shall be
instituted thereon, as herein prescribed. (RSMo 1939 § 3562, A.L. 1959
S.B. 257 & 295)

Prior revisions: 1929 § 3172; 1919 § 7232; 1909 § 8228

(1953) Where lien appears of record, the timely filing of a suit to
enforce same may be treated as a cross bill to a previously filed
equitable lien action and should be consolidated with such action on
application or on court's own motion. E. C. Robinson Lumber Co. v.
Baugher (A.), 258 S.W.2d 259.

(1954) Where contract for machines to be attached to realty was made with
one corporation which was later dissolved and machines thereunder were
delivered to and accepted by another corporation having same name, suit
for mechanic's lien timely filed against first corporation which was not
then in existence held timely. Drew's Hdw. & App. Co. v. Willis Housing
Projects (A.), 268 S.W.2d 596.

(1956) Where ninetieth day for filing mechanic's lien occurred on
Decoration Day, May 30, which was Sunday, the time for filing under §
506.060 was extended until Tuesday, June 1, because Monday became the
holiday under § 9.010. Hermann v. Dixon (A.), 285 S.W.2d 716.

(1963) Where both the property owner and subcontractor were made parties
defendant in action to establish and enforce materialman's lien and
petition was filed and process issued within six months' period, suit was
timely although service was not had on subcontractor within six months'
period. Continental Electric Co. v. Ebco (A.), 365 S.W.2d 746.

(1964) In suit in equity to enforce mechanic's lien where another lien
claimant filed application asking for order joining claimant as party
defendant and filed no further pleading, application was not timely
commencement of action as required by sections 429.170 and 429.310 to
preserve claimant's lien. Truog v. Elbel Construction Co. (A.), 374
S.W.2d 612.

(1964) Although action to enforce lien was commenced within statutory
period, materialman's unexcused neglect for a period in excess of the
period of limitation after first summons was issued against necessary
party and returned unserved to request issuance of alias summons was
fatal to the action. Continental Electric Co. v. Ebco, Inc. (Mo.), 375
S.W.2d 134.



The pleadings, practice, process and other proceedings in cases
arising under sections 429.010 to 429.340 shall be the same as in
ordinary civil actions and proceedings in circuit courts, except as
herein otherwise provided. The petition, among other things, shall allege
the facts necessary for securing a lien under said sections, and shall
contain a description of the property charged therewith. (RSMo 1939 §
3554)

Prior revisions: 1929 § 3164; 1919 § 7224; 1909 § 8220

(1956) While inaccurate, loose or general descriptions of property
against which a lien is claimed have been declared sufficient, the
judgment must accurately describe the land subject to the lien. Hertel
Electric Co. v. Gabriel (A.), 292 S.W.2d 95.



In all suits under sections 429.010 to 429.340 the parties to
the contract shall, and all other persons interested in the matter in
controversy or in the property charged with the lien may be made parties,
but such as are not made parties shall not be bound by any such
proceedings. (RSMo 1939 § 3555)

Prior revisions: 1929 § 3165; 1919 § 7225; 1909 § 8221

(1959) Where straw party holding legal title to realty was party but real
owner who contracted for repair of boiler was not a party to action under
mechanic's lien law, court did not acquire jurisdiction of subject matter
of action. Simon Devine Welding Co. v. Kuhn (A.), 329 S.W.2d 249.

(1962) In action against corporation to have real estate impressed with
mechanic's lien for balance due for work performed under contract made
with corporation's vendor where evidence showed the corporation ratified
and adopted the contract, the corporation's vendors were not necessary
parties to the action. Vasquez v. Village Center, Inc. (Mo.), 362 S.W.2d
588.



In case of the death of any of the parties specified in section
429.190, whether before or after suit brought, the personal
representative of such deceased party shall be made plaintiff or
defendant, as the case may require, and it shall not be necessary to make
the heirs or devisees of such deceased persons parties to the suit; but
if there is no personal representative of such deceased person, then his
heirs or devisees may be made parties, and if any of the heirs or
devisees are minors under the age of eighteen years, their guardians or
conservators of their estates shall be made parties with them; but if
such minors shall have no guardians or conservators of their estates, the
court in which the suit is pending shall appoint guardians ad litem for
them in the same manner and under the same rules and regulations as
guardians ad litem are appointed in proceedings for partition of real
estate, and the judgment and proceedings of such court in any such suits
shall be as binding on such minors as if they were over the age of
eighteen years. (RSMo 1939 § 3556, A.L. 1983 S.B. 44 & 45) Prior
revisions: 1929 § 3166; 1919 § 7226; 1909 § 8222



The court shall ascertain, by a fair trial in the usual way, the
amount of the indebtedness for which the lien is prosecuted, and may
render judgment therefor in any sum not exceeding the amount claimed in
the demand filed with the lien, together with interest and costs,
although the creditor may have unintentionally failed to enter in his
account filed the full amount of credits to which the debtor may be
entitled. (RSMo 1939 § 3557)

Prior revisions: 1929 § 3167; 1919 § 7227; 1909 § 8223

(1967) Interest is includable in any mechanic's lien judgment, including
those situations where the owner is not in privity with the contractor.
Mid-West Engineering and Construction Co. v. Campagna (Mo.), 421 S.W.2d
229.



Judgment by default shall be rendered against every defendant
who, after being summoned or notified according to law, shall not appear
and plead within the time allowed in ordinary civil actions. (RSMo 1939 §
3558)

Prior revisions: 1929 § 3168; 1919 § 7228; 1909 § 8224



When the debtor has not been served with summons according to
law, and has not appeared, but has been lawfully notified by publication,
the judgment, if for the plaintiff, shall be that he recover the amount
of the indebtedness found to be due, and costs of suit, to be levied of
the property charged with the lien therefor, which said property shall be
correctly described in said judgment. (RSMo 1939 § 3559)

Prior revisions: 1929 § 3169; 1919 § 7229; 1909 § 8225



When the debtor has been served with summons according to law,
or appears to the action without service, the judgment, if for the
plaintiff, shall be against such debtor as in ordinary cases, with the
addition that if no sufficient property of the debtor can be found to
satisfy such judgment and costs of suit, then the residue thereof be
levied as provided in section 429.230. (RSMo 1939 § 3560)

Prior revisions: 1929 § 3170; 1919 § 7230; 1909 § 8226



The execution to be issued shall be a special fieri facias, and
shall be in conformity with the judgment, and such writ shall be
returnable as ordinary executions; and the advertisement, sale and
conveyance of real or personal estate under the same shall be made as
under ordinary executions. (RSMo 1939 § 3561)

Prior revisions: 1929 § 3171; 1919 § 7231; 1909 § 8227



The liens for work and labor done or things furnished, as
specified in sections 429.010 to 429.340, shall be upon an equal footing,
without reference to the date of filing the account or lien; and in all
cases where a sale shall be ordered and the property sold, which may be
described in any account or lien, the proceeds arising from such sale,
when not sufficient to discharge in full all the liens against the same
without reference to the date of filing the account or lien, shall be
paid pro rata on the respective liens; provided, such account or liens
shall have been filed and suit brought as provided by said sections.
(RSMo 1939 § 3569)

Prior revisions: 1929 § 3179; 1919 § 7239; 1909 § 8235



Any and all liens in sections 429.010 to 429.340 provided for
may be adjudicated and determined and the rights of all parties
interested in the same and in the property and of any of the property
against which the same is claimed may be adjudicated, determined and
enforced in one action which may be brought by any such lien claimant
after the statement for such lien is filed in the office of the clerk of
court, as herein provided, or such action may be brought by any owner or
lessee of the property or any of it to be affected, or mortgagee or
holder of any other encumbrance thereon. Such action shall be an
equitable action for the purpose of determining the various rights,
interest and liens of the various mechanics' lien claimants and claimants
of other liens and owner of any interest in or leasehold upon said
property and for enforcing the rights of any and all such persons in, to
or against the property, being the lands and buildings and either of the
same and for sale of such property, land and buildings or either of the
same and for marshalling and distribution of the proceeds thereof among
the parties according to their respective legal and equitable rights
therein. Such action shall be an equitable action for the purpose of
determining, establishing and enforcing the various and respective rights
of the parties thereto and for the purpose of marshaling, applying and
distributing the proceeds of the sale of such property that may be
ordered and decreed in said action. (RSMo 1939 § 3570)

Prior revisions: 1929 § 3180; 1919 § 7240

(1967) Architects not entitled to mechanic's lien on building for
preparation of plans and specifications. Henges Co. v. Doctor's
North-Roads Building, Inc., 409 S.W.2d 489.



1. All persons claiming any lien or encumbrance upon, and all
persons having any rights in or against and all owners and lessees of
said property to be affected and any of it, all as may be disclosed by
the proper public records, shall be made parties to said action and
parties whose interests are divers may join as plaintiffs therein, but if
they do not join as plaintiffs, then they shall be made defendants.

2. Any person, lien claimant or other having any rights in, to, against
or upon said property and any of it whose rights are not disclosed at the
time of bringing said action by the proper record, shall be bound by the
proceedings, orders and judgments in said actions, but any such person
shall be entitled upon application to the court to be made a party to
said action at any time before final disposition by the final judgment of
the court therein of the proceeds of said property and shall be entitled
according to their respective rights to participate in the proceeds of
the sale of such property and any of it, as the same may be thereafter
received or then remain under the jurisdiction of the court.

3. If at the commencement of said action any person whose rights are
disclosed by the record is omitted as a party, he may thereafter be made
party to said action either upon his own application or upon the
application of any other party to said action or by the court of its own
motion.

4. If any party to said action shall die or cease to exist during the
pendency of said action before the judgment or order of sale therein of
said property, then the proper representatives, either administrator or
other proper successor in right, shall be substituted by order of the
court upon motion and notice of motion without formal revivor of said
action. (RSMo 1939 § 3571)

Prior revisions: 1929 § 3181; 1919 § 7241



After any such equitable action is commenced, the same shall be
exclusive of other remedies for the enforcement of mechanics' liens, but
until such action is brought, the other remedies provided for in sections
429.010 to 429.340 shall remain and exist. And the procedure in any such
equitable action, except as herein otherwise provided, shall be governed
by the law and rules of procedure in civil actions generally. (RSMo 1939
§ 3576)

Prior revisions: 1929 § 3186; 1919 § 7246

(1953) Where lien appears of record, the timely filing of a suit to
enforce same may be treated as a cross bill to a previously filed
equitable lien action and should be consolidated with such action on
application or on court's own motion. E. C. Robinson Lumber Co. v.
Baugher (A.), 258 S.W.2d 259.



The equitable action above provided for shall be brought in the
proper court of record regardless of the amount claimed by the plaintiff
or plaintiffs in such action, and all other suits that may have been
brought on any mechanic's lien claim or demand shall be stayed and no
further prosecuted, and the parties in any such other suit shall be made
parties to such equitable action as in the foregoing sections provided,
and any costs rightfully accrued in behalf of any lien claimant in any
such other action shall be and become a part of the lien claim of such
party. After the institution of such equitable action no separate suit
shall be brought upon any mechanic's lien or claim against said property,
or any of it, but the rights of all persons shall be adjusted,
adjudicated and enforced in such equitable suit. (RSMo 1939 § 3573)

Prior revisions: 1929 § 3183; 1919 § 7243

(1952) Where supplier of steel for housing project filed suit for
equitable mechanic's lien in Jackson county, subsequent equity action
filed by party to such mechanic's lien suit against plaintiff therein
which involved same transactions should be dismissed. State ex rel. G.
Lakes Steel Corp. v. Sartorius (Mo.), 249 S.W.2d 853.



Any answer, or other pleading, or motion, or entry of appearance
followed by pleading in due course, filed or made in any such equitable
action by any mechanic's lien claimant, within six months after the
preliminary statement for the lien of such claimant has been filed in the
proper office therefor, as required by law, or, when filed, or made, at
the time required by law on a summons in such equitable action, issued
before or within such six-months' period within which suits on mechanics'
liens including this equitable action are required to be commenced,
provided such equitable action is still pending, shall be deemed a
commencement of an action by such mechanic's lien claimant. (RSMo 1939 §
3577, A.L. 1959 S.B. 257 & 295)

Prior revisions: 1929 § 3187; 1919 § 7247

(1956) Where subcontractor, after filing notice of lien and statement and
obtaining judgment against property owners, filed his answer and cross
petition in equitable action brought against general contractor and
others, all within 90 days after notice filed, he was entitled to lien
although his amended answer was not filed within 90 days. Dierks & Sons
Lbr. Co. v. McSorley (A.), 289 S.W.2d 164.

(1964) In suit in equity to enforce mechanic's lien where another lien
claimant filed application asking for order joining claimant as party
defendant and filed no further pleading, application was not timely
commencement of action as required by sections 429.170 and 429.310 to
preserve claimant's lien. Truog v. Elbel Construction Co. (A.), 374
S.W.2d 612.



At the instance of any party to said action the court may
appoint a referee to hear and report the evidence and to make conclusions
and findings of fact and law therein and to report the same to the court
for its further action thereon, and the court may confirm and approve
said report in full or in parts and may modify the same and make other
findings from the evidence reported as may be just and proper and render
judgment accordingly. The court shall not appoint in any such equitable
action any referee of its own motion. And in any such action the court
may, if it deem the parties entitled thereto, or in its discretion submit
any issue upon any separate claim or demand to a jury, and any two or
more of such issues may in the discretion of the court be submitted to
one jury or the court may submit separately such issues to a jury and
shall be bound by the findings of the jury thereon in the further
proceedings in said cause, subject to the power of the court to grant new
trial of such issues. (RSMo 1939 § 3575)

Prior revisions: 1929 § 3185; 1919 § 7245



This equitable action shall not apply to instances in which
there is only one mechanic's lien claimed against the property and any of
it, but in any suit thereon the court shall determine the respective
priorities as between such mechanic's lien and any other lien or
encumbrance and enforce the same accordingly. (RSMo 1939 § 3572)

Prior revisions: 1929 § 3182; 1919 § 7242



Upon sale and execution of deed for the property sold in such
equitable action, either by special commissioner appointed to make said
sale or by the sheriff or successor of such commissioner or sheriff, the
court may order delivery of possession of the premises sold to the
purchaser at such sale and enforce such order by writ of assistance or
other proper process against all persons to said action and all persons
bound thereby, including those whose interests did not appear of record
at the commencement of said action and all persons becoming interested in
said property or obtaining possession thereof after the commencement of
said action, which shall be the filing of the petition therein. And the
court shall have full power and jurisdiction to speed said action and
require service of process to be obtained speedily upon all parties
therein at the instance of any party either plaintiff or defendant in
said action or of its own motion. (RSMo 1939 § 3574)

Prior revisions: 1929 § 3184; 1919 § 7244



Associate circuit judges may exercise jurisdiction without
special assignment in all actions brought to enforce mechanics' liens
when the amount or balance claimed to be due does not exceed the monetary
jurisdiction which associate circuit judges may exercise in ordinary
civil actions without special assignment. (RSMo 1939 § 2925, A.L. 1945 p.
1080, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 2539; 1919 § 3087; 1909 § 7749

Effective 1-2-79



The process, practice and procedure, including applications for
trial de novo, in suits to enforce mechanics' liens which are heard by an
associate circuit judge without special assignment shall be as nearly as
practicable the same as provided in other civil suits heard by associate
circuit judges. When a case is specially assigned to an associate circuit
judge to hear upon a record, the process, practice and procedure,
including appeals, shall be the same as if the case was being heard by a
circuit judge. (RSMo 1939 § 2926, A.L. 1945 p. 1080, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 2540; 1919 § 3088; 1909 § 7750

Effective 1-2-79



All persons who shall do any work or labor in constructing or
improving the roadbed, rolling stock, station houses, depots, bridges or
culverts of any railroad company, incorporated under the laws of this
state, or owning or operating a railroad within this state, and all
persons who shall furnish ties, fuel, bridges or material to such
railroad company, shall have for the work done and labor performed, and
for the materials furnished, a lien upon the roadbed, station houses,
depots, bridges, rolling stock, real estate and improvements of such
railroad, upon complying with the provisions herein mentioned; provided,
such work and labor is performed, and such materials are furnished, under
and in pursuance of a contract with such railroad company, its agents,
contractors, subcontractors, lessees, trustees, or construction company,
organized for the uses and purposes of such railroad company, or having
in charge the building, construction or improvement of such railroad, or
any part thereof. (RSMo 1939 § 3591)

Prior revisions: 1929 § 3201; 1919 § 7261; 1909 § 8249



The lien aforesaid shall attach to the buildings, erections,
improvements, roadbed and property mentioned from the date of the
commencement of such work and labor, or from the time such materials were
furnished or delivered, and shall be prior to all mortgages or
encumbrances placed upon the property affected by this lien subsequent to
the passage of this law. (RSMo 1939 § 3592)

Prior revisions: 1929 § 3202; 1919 § 7262; 1909 § 8250



It shall be the duty of all persons claiming the benefit of such
lien, within ninety days next after the completion of the work, or after
the materials are furnished, to file in the office of the circuit clerk
of any county through which said railroad is located a just and true
account of the amount due after all just credits have been given, which
account shall state the amount claimed as due, the general nature of the
work, amount of labor performed or of materials furnished, the dates when
the work was done and when materials were furnished, and the place or
places at which said labor and work was performed or said materials were
furnished, the name or names of the parties with whom the contract for
said work or furnishing said materials was made, and also the name of the
railroad against which said lien is intended to apply; and it shall be
the duty of all persons claiming said lien, within said ninety days, to
serve a copy of the above account on the person or corporation owning or
operating or having charge of said road or of the property to which said
lien attaches, which said copy of account may be served in the same
manner as now provided by law for the service of summons on corporations.
(RSMo 1939 § 3593)

Prior revisions: 1929 § 3203; 1919 § 7263; 1909 § 8251



It shall be the duty of the circuit clerk to endorse upon every
account the date of its filing, and maintain an abstract thereof,
containing the date of its filing, the name of the person seeking to
enforce the lien, the amount claimed, and the name of the railroad
against which the lien is filed; and it shall be the duty of circuit
clerks in whose office such accounts and liens may be filed, within five
days thereafter, to forward to the secretary of state a true copy of said
accounts and liens and judgments rendered thereon by the circuit courts
in which the case has been tried. (RSMo 1939 § 3594, A.L. 1997 S.B. 248)

Prior revisions: 1929 § 3204; 1919 § 7264; 1909 § 8252



It shall be the duty of the secretary of state to file in his
office such accounts and liens when received, and to prepare and keep in
his office a book in which shall be entered an abstract of all accounts
and liens filed as aforesaid, which abstract shall be so arranged and
indexed as to show, in a convenient form, the names of all parties
claiming liens, the amount claimed by each, the railroad to which the
same applies, the date of filing, and if discharged, when the same was
done. (RSMo 1939 § 3595)

Prior revisions: 1929 § 3205; 1919 § 7265; 1909 § 8253



Whenever any debt, which is a lien upon any building or other
improvement, shall be paid and satisfied, the creditor, if required,
shall file an acknowledgment of such satisfaction with the clerk of the
circuit court, which satisfaction shall be certified by the clerk to the
secretary of state within ten days after the same has been entered upon
the records in his office; and the clerks of the circuit courts and the
secretary of state shall receive as full compensation for services
performed by them as is provided for under this chapter for mechanics'
liens. (RSMo 1939 § 3604, A.L. 1997 S.B. 248)

Prior revisions: 1929 § 3214; 1919 § 7274; 1909 § 8262



If any creditor refuse to enter satisfaction within ten days
after payment and request as aforesaid, he shall be liable to any person
injured to the amount of such injury and costs of suit. (RSMo 1939 § 3605)

Prior revisions: 1929 § 3215; 1919 § 7275; 1909 § 8263



In all cases arising under the provisions of sections 429.440 to
429.540, where notice of lien shall be filed by a subcontractor for work
and labor performed, or materials furnished, such subcontractor, in case
of suit brought to enforce said lien, shall not be entitled to recover,
as against the corporation or individual owning the property to which the
lien applies, at any greater rate for the work and labor performed, or
materials furnished, than was agreed upon between said corporation or
individual and the original contractor for doing said work or furnishing
the materials. (RSMo 1939 § 3607)

Prior revisions: 1929 § 3217; 1919 § 7277; 1909 § 8265



Except as otherwise provided in sections 429.440 to 429.540, all
actions to enforce any lien under section 429.440, shall be governed in
all respects by sections 429.170 to 429.250 which relate to actions for
the enforcement of mechanics' liens; but no personal judgment shall be
rendered for the amount of the indebtedness for which the lien is
prosecuted in any such action except as against such defendants as might
be sued thereon in an ordinary action at law. (RSMo 1939 § 3599, A. 1949
S.B. 1120)

Prior revisions: 1929 § 3209; 1919 § 7269; 1909 § 8257



Any person or corporation owning or operating the railroad to
which said liens may apply shall, in each instance, be made a party
defendant in all suits for enforcing said liens; but it shall not be
necessary to make the party with whom the contract was made for doing the
work and labor, or for furnishing of material, a party defendant in such
suit; but such party or parties may, at the option of the plaintiff, be
made parties defendant, in which case process may be awarded and served
as other writs of summons in any county in this state. (RSMo 1939 § 3597)

Prior revisions: 1929 § 3207; 1919 § 7267; 1909 § 8255



In all cases where judgments have been rendered and a sale has
been ordered, and the property sold to which said liens attach, the
proceeds arising from such sale, if not sufficient to discharge all the
liens on which judgments have been rendered before such sale shall be
made, shall be distributed pro rata upon such judgments as if the filing
of the said liens had been all the same date; and when such judgments
have been by such sales or otherwise wholly or partially paid, and
satisfied, the clerks shall enter upon the records the amount or amounts
so paid, with a correct description of the real property sold, and within
the time and in like manner certify the same to the secretary of state,
as heretofore provided. (RSMo 1939 § 3606)

Prior revisions: 1929 § 3216; 1919 § 7276; 1909 § 8264



Whenever any contractor for the construction of any part of a
railroad which is in process of construction, or any contractor for the
repairing of any part of a railroad, shall be indebted to any
subcontractor or laborer, or other person, who shall do or perform any
work or labor upon or furnish any materials for said road, such
subcontractor or laborer, or other person, may give notice of such
indebtedness to said company in the manner herein provided; and said
company shall thereupon become liable to pay such subcontractor or
laborer, or other person, the amount so due, and action may be maintained
against said railroad therefor; such notice shall be given by said
subcontractor, laborer or other person, within twenty days after the
performance of the labor or work, or the delivery of the materials, for
which the claim is made; such notice shall be in writing, and shall state
the amount and number of days' labor or work, and the amount, description
and quantity of materials furnished and the time when the said labor or
work was performed, and the time when the said materials were furnished,
for which the claim is made, and the name of the contractor from whom
due, and shall be signed by such subcontractor, laborer or other person,
or their attorney, and shall be served on an engineer, agent or other
person employed by said company having charge of the section of the road
on which said labor or work was performed, or such material furnished,
personally, or by leaving said notice in the office or usual place of
business of such engineer, agent or person having charge, with some
person over fifteen years of age; but no action shall be maintained
against any company under the provisions of this section unless the same
be commenced within ninety days after notice is given to the company by
such subcontractor or laborer, as above provided. (RSMo 1939 § 5159)

Prior revisions: 1929 § 4686; 1919 § 9876; 1909 § 3075



Sections 429.600 to 429.630 may be known and be cited as the
"Commercial Real Estate Brokers' and State Certified Real Estate
Appraisers' Lien Act". (L. 1993 S.B. 18 § 1 subsec. 1)



As used in sections 429.600 to 429.630, the following terms mean:

(1) "Commercial real estate", any real estate other than real estate
containing one to four residential units, real estate on which no
buildings or structures are located, or real estate classified as
agricultural and horticultural property for assessment purposes as
provided by section 137.016, RSMo. Commercial real estate does not
include single-family residential units including condominiums,
townhouses or homes in a subdivision when such real estate is sold,
leased or otherwise conveyed on a unit by unit basis even though the
units may be part of a larger building or parcel of real estate
containing more than four residential units;

(2) "Owner", the owner of record of commercial real estate;

(3) "Real estate broker" and "real estate salesperson", as such terms are
defined in section 339.010, RSMo;

(4) "State certified real estate appraiser", an appraiser as defined in
section 339.503, RSMo. (L. 1993 S.B. 18 § 1 subsec. 2)



1. Any real estate broker who is not acting as a real estate
salesperson for another real estate broker shall have a lien on
commercial real estate or an interest in such commercial real estate in
the amount of the compensation as agreed upon by the real estate broker
and the real estate broker's client or customer, if:

(1) Such real estate is listed with the real estate broker under terms of
a written agreement for the purpose of selling, leasing or otherwise
conveying any interest in the commercial real estate and evidenced by a
written agreement signed by the owner or the owner's agent; and

(2) The real estate broker and the real estate salespersons retained by
the real estate broker have provided licensed services that resulted in
the procuring of a person or entity ready, willing and able to purchase,
lease or otherwise accept a conveyance of the commercial real estate or
any interest in the commercial real estate as provided for in the terms
of the written agreement signed by the owner or owner's agent or other
terms which were otherwise acceptable to the owner or owner's agent as
evidenced by a written agreement signed by the owner or the owner's agent.

2. A real estate broker shall, also, have a lien on such commercial real
estate or an interest in such commercial real estate if the real estate
broker has a written agreement with a prospective buyer to represent the
buyer to the purchase or other conveyance to the buyer of commercial real
estate when the real estate broker becomes entitled to compensation
pursuant to the written agreement. (L. 1993 S.B. 18 § 2)

(1998) Legislative intent, gleaned from the use of the phrase "other
conveyances", indicates that the statute authorizes a real estate
broker's lien on commercial real estate as a result of the broker's
entitlement to compensation for procurement of a lease pursuant to a
written agreement between the broker and the buyer. Incentive Realty,
Inc. v. Hawatmeh, 983 S.W.2d 156 (E.D.Mo.).



A lien notice, for purposes of sections 429.600 to 429.627,
shall state the name of the claimant, the name of the owner, a
description of the property upon which the lien is being claimed, the
amount for which the lien is claimed, and the real estate license number
of the real estate broker. The notice of lien shall be signed by the real
estate broker and the broker shall attest that the information contained
in the notice is true and accurate as to his knowledge and belief. (L.
1993 S.B. 18 § 3)



A real estate broker's lien authorized by sections 429.600 to
429.627 attaches to the commercial real estate, or an interest in the
commercial real estate, when:

(1) The real estate broker procures a person or entity ready, willing and
able to purchase, lease or otherwise accept a conveyance of such property
upon the terms set forth in the written agreement with the owner or terms
otherwise acceptable to the owner or owner's agent, or the real estate
broker is entitled to a fee or commission pursuant to a written agreement
signed by the owner or the owner's agent; and

(2) The real estate broker records a notice of the lien in the office of
the recorder of deeds of the county in which the real property, or any
interest in the real property, is located, if such lien is filed prior to
the actual conveyance or transfer of the commercial real estate subject
to such real estate broker's lien, except that:

(a) If payment to a real estate broker is due in installments and a
portion of the payment is due after the conveyance or transfer of the
commercial real estate, any claim for a lien for installment payments due
after the transfer or conveyance of such real estate may be recorded any
time after the transfer or conveyance of the commercial real estate but
must be recorded before the date on which the payment is due. Such lien
shall only be effective as a lien against the commercial real estate to
the extent moneys are still owed to the transferor by the transferee. A
single claim for a lien recorded before the transfer or conveyance of the
commercial real estate, claiming all moneys due under an installment
payment agreement, is not valid or enforceable to the extent of the
payments due after the transfer or conveyance. The lien attaches for
purposes of this paragraph when the claim for lien is recorded;

(b) In the case of a lease, the claim for lien must be recorded within
ninety days after the tenant takes possession of the leased property,
unless written notice of the intention to sign the lease is personally
served on the real estate broker entitled to claim a lien at least ten
days before the date of the intended signing of the lease, then the claim
for lien must be recorded before the date indicated for the signing of
the lease. The lien attaches for purposes of this paragraph when the
claim for lien is recorded; or

(c) If the real estate broker has a written agreement with a prospective
buyer as provided in subsection 2 of section 429.605, then the lien
attaches when the prospective buyer purchases or otherwise accepts a
conveyance or transfer of the commercial real estate and records a notice
of the lien within ninety days after the purchase or other conveyance or
transfer to the buyer in the office of the recorder of deeds in the
county in which the commercial real estate, or any interest in the
commercial real estate, is located. (L. 1993 S.B. 18 § 4)



If a claim for a lien has been filed with the county recorder of
deeds and a condition occurs that would preclude the broker from
receiving compensation under the terms of the real estate broker's
written agreement, the real estate broker shall record and provide the
owner of record a written release or satisfaction of the lien. (L. 1993
S.B. 18 § 5)



Any real estate broker who attaches a lien on commercial
property pursuant to the provisions of sections 429.600 to 429.627 shall
mail a copy of the notice of the lien to the owner of the commercial real
estate by certified mail. The real estate broker's lien is void if the
broker does not record the lien as provided in sections 429.600 to
429.627. (L. 1993 S.B. 18 § 6)



A real estate broker may bring suit to enforce a lien which
attaches pursuant to the provisions of sections 429.600 to 429.627 in the
circuit court in the county where the property is located by filing a
verified petition that the lien has been recorded. Unless the claim is
based upon an option to purchase the commercial real estate, the broker
claiming such lien must commence proceedings within six months after
recording the lien and failure to commence proceedings within the six
months shall extinguish the lien. A claim for the same lien, extinguished
pursuant to this section and section 429.618, may not be asserted in any
subsequent proceeding. (L. 1993 S.B. 18 § 7 subsec. 1)



1. A petition filed pursuant to the provisions of this section
and section 429.616 shall contain a statement of the terms of the
contract or agreement on which the lien is based, the date when the
contract or agreement was made, a description of the services performed,
the amount due and unpaid, a description of the property that is subject
to the lien and any other facts necessary for a full understanding of the
rights of the parties. The plaintiff shall file the action against all
known parties who have an interest in such real estate. A foreclosure
action for a lien claimed pursuant to sections 429.600 to 429.630 shall
be brought pursuant to the provisions of sections 443.190 to 443.280,
RSMo.

2. Valid prior recorded liens or mortgages shall have priority over a
real estate broker's lien. (L. 1993 S.B. 18 § 7 subsecs. 2, 3)



If a broker claiming a lien pursuant to sections 429.600 to
429.627 fails to file a suit to enforce the lien or fails to file an
answer in a pending suit to enforce a lien within thirty days after a
properly served written demand of the owner, lienee or other authorized
agent, the lien shall be extinguished. Service of such demand shall be by
registered or certified mail, return receipt requested or by personal
service. The provisions of this section shall not extend any other
deadline provided by law for the filing of any pleadings or for the
foreclosure of any lien governed by sections 429.600 to 429.627. (L. 1993
S.B. 18 § 8)



If a claim for lien has been filed pursuant to the provisions of
sections 429.600 to 429.627 with the county recorder of deeds and such
claim has been paid in full or if the lienor fails to institute a suit to
enforce the lien within the time as provided by law, the real estate
broker shall acknowledge satisfaction or release of such lien in writing
upon written demand of the owner within thirty days after such demand.
(L. 1993 S.B. 18 § 9)



The costs of any proceeding brought to enforce a lien filed
pursuant to sections 429.600 to 429.627, including reasonable attorney's
fees and prejudgment interest due to the prevailing party, shall be paid
by the nonprevailing party or parties. If more than one party is
responsible for costs, fees and prejudgment interest, such costs, fees
and prejudgment interest shall be equitably apportioned by the court
among the responsible parties. (L. 1993 S.B. 18 § 10)

(1998) Lessor was entitled to recover attorney's fees incurred in defense
of lien recorded by real estate broker in an attempt to recover
commission from representation of lessee because broker did not have a
written agreement with lessor, and, therefore lien was improper.
Incentive Realty, Inc. v. Hawatmeh, 983 S.W.2d 156 (E.D.Mo.).



Unless an alternative procedure is available and is acceptable
to the transferee in a real estate transaction, if a claim for a real
estate broker's lien has been filed with the county recorder of deeds and
such lien would prevent the closing of a transaction or conveyance, an
escrow account shall be established with the clerk of the circuit court
in the county in which the commercial real estate is located from the
proceeds of the transaction or conveyance in an amount sufficient to
release the claim for the lien. The requirement to establish an escrow
account, as provided in this section, shall not be cause for any party to
refuse to close a transaction. The proceeds held in such escrow account
shall be held by the circuit clerk until the parties' rights to the
escrowed funds have been determined by written agreement of the parties,
by a final judgment of the circuit court or by other process as may be
agreed to by the parties. If funds sufficient to satisfy the amount
claimed in the lien have been deposited in the escrow account, the real
estate broker shall release the claim for the lien on such real estate.
(L. 1993 S.B. 18 § 11)

(2000) Execution by a holder of a deed of trust of a statutorily required
deed of release in exchange for application of sale proceeds does not
result in a loss of lien priority to a broker's lien asserted against
proceeds of sale by the real estate broker under the Commercial Real
Estate Brokers' Lien Act. Dalton Investments, Inc. v. Nooney Co., 10
S.W.3d 590 (Mo.App.E.D.).



Upon complying with the provisions of chapter 429*, any state
certified real estate appraiser who performs any appraisal or appraisal
service or title examination services for the owner, proprietor, or the
agent, trustee, contractor or subcontractor of the owner or proprietor,
on any commercial real estate and any person who performs title
examination services upon commercial real estate pursuant to a written
contract, shall have a lien upon such land and any improvements thereon
owned by such owner or proprietor, in an amount sufficient to secure the
payment for such appraisal or appraisal service or title examination
services which have been completed. (L. 1993 S.B. 18 § 12)

*Original rolls contain "chapter 329", a typographical error.



Any real estate broker who proposes to assert a lien pursuant to
sections 429.600 to 429.627 or any certified real estate appraiser or any
person performing title examination services who proposes to assert a
lien pursuant to section 429.629 shall be prohibited from asserting such
lien unless, at the time of the closing for such transaction, such broker
or appraiser has given written notice to the purchaser of the commercial
real estate that payment of the broker's or appraiser's fee or title
examination fee is due and that he or she is entitled to a lien on the
premises. (L. 1993 S.B. 18 § 13)



 
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