A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Missouri's mechanic's lien laws to help you protect your right to payment.
Notice to Owner required before first payment
Generally not required; limited statutory exceptions apply (see FAQ #1)
Not required
Not required
Required 10-day notice to the owner before filing a lien (not required on certain residential property liens)
Required 10-day notice to the owner before filing a lien
Within 6 months after last furnishing
Within 6 months after last furnishing
Within 6 months after last furnishing
Within 6 months of the lien filing date
Within 6 months of the lien filing date
Within 6 months of the lien filing date
Unpaid amounts for lienable labor, materials, and services furnished under contract
Unpaid amounts for lienable labor, materials, and services furnished
Unpaid amounts for lienable labor
Governed by Missouri Revised Statutes Title XXVII, Chapter 429, Missouri mechanic's lien rights apply to private construction projects. (Public projects cannot be liened as nonpayment on public work is typically handled through the project's payment and performance bonds.)
Missouri's lien laws include several procedural nuances. General contractors must satisfy a statutory notice requirement to preserve lien rights, while subcontractors and suppliers are generally required to notify the owner before filing. Overall, Missouri is a fairly notice-heavy state, so let's break it down.
In Missouri, mechanic's lien rights extend to:
- General (original) contractors
- Subcontractors and lower-tier subcontractors
- Laborers, including journeymen and day laborers
- Equipment and machinery lessors
- Design professionals (architects, professional engineers, landscape architects, land surveyors) and registered corporations providing those services
- Mechanics performing work or furnishing material or machinery to dig water wells, demolish, or raze a building or structure
Missouri lien rights cover labor, materials, and certain services that contribute to an “improvement” on private land (Mo. Rev. Stat. § 429.010.1).
Here are some examples of what’s considered lienable work and what isn’t.
Lienable Work in Missouri
- On-site labor for constructing, erecting, or repairing a private improvement
- Furnishing materials, fixtures, engines, boilers, or machinery for the improvement of a property
- Grading, excavating, filling, and similar site work tied to the improvement of a property
- Landscaping goods and services, planting, and installing outdoor irrigation systems
- Street, curb, sidewalk, sewerline, waterline, and pipeline work adjacent to the property, when performed under contract with the property owner
- Equipment or machinery rental only if the statutory conditions are met (commercial property, claim over $5,000, and timely written notice)
- Architectural, engineering, land surveying, and landscape architecture services tied to the improvement of a property
- Qualifying well work or demolition/razing work
Non-Lienable Work in Missouri
- Work on public projects
- Rental machinery or equipment during periods of non-use or on non-commercial property
- Machinery or supplies not used on the job
Before filing a lien in Missouri, make sure you’ve met any preliminary or pre-lien notice requirements that apply to your role (see table above).
Deadline to File
- General (original) contractors: Within 6 months after last furnishing of labor or materials
- Subcontractors and suppliers: Within 6 months after last furnishing of labor or materials
- Laborers: Within 6 months after last furnishing of labor
- Equipment lessors: Within 60 days after the day rental materials are removed from the property
Filing Requirements
- Filing location: File a “just and true account” with the clerk of the circuit court in the county where the property is located.
- Form requirements: The lien statement must include:
- A just and true account of the demand due after credits
- A description of the property that’s “true” or close enough to identify it
- The name of the owner or contractor, or both, if known
- Verification: The lien statement must be signed under oath (typically notarized) by the claimant or a credible person on the claimant’s behalf.
- Filing fee: Filing fees are set by the circuit clerk and vary by county.
Service Requirements
Missouri’s mechanic’s lien statutes do not require claimants to serve a copy of the filed lien on the owner. Notice obligations generally occur before the lien is filed.
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Missouri.
Enforcement Requirements
- Enforcement deadline: You must commence the enforcement action within six months after filing the lien.
- Filing location: Circuit court in the county where the property is located.
- Lien priority: Mechanic’s liens in Missouri typically attach to the improvement and may come ahead of some other claims on the property. If there isn’t enough money to satisfy all liens, the available proceeds are divided proportionally among claimants (Mo. Rev. Stat. § 429.260).
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Missouri lien law doesn’t really condition mechanic’s lien rights on holding a license—unless you’re a design professional. Architects, engineers, landscape architects, and land surveyors must be properly licensed to claim a professional-service lien.
Regardless, it’s generally best practice to obtain a license before the project starts.
Yes. Subcontractors, suppliers, and laborers are all entitled to claim lien rights in Missouri—as long as they meet the notice, filing, and enforcement rules.
No, Missouri’s lien filing and enforcement deadlines are set by statute and generally cannot be shortened.
If you are not the GC, the answer is usually yes. Missouri generally requires non-GC claimants to give the owner 10 days’ notice before filing the lien. The notice must list the lien claim amount and the payer’s name and can be delivered personally or served by an officer who will endorse it as proof (Mo. Rev. Stat. § 429.100).
One important exception: for residential property liens governed by § 429.016, that 10-day notice is not required (Mo. Rev. Stat. § 429.016.14).
Sometimes, Missouri has role- and project-specific preliminary notice rules.
- General contractors: To preserve lien rights, the GC must provide the statutory Notice to Owner before receiving payment. The notice should follow this statutory language in 10-point bold type. It can be delivered at contract signing, when materials are delivered, when work starts, or with the first invoice (Mo. Rev. Stat. § 429.012.1–.2).
- Owner-occupied residential remodels (four units or fewer): For these projects, lien rights for parties other than the GC typically require a signed Consent of Owner in the statutory form, and it must be attached to the lien filing (Mo. Rev. Stat. § 429.013.3).
- Equipment claim rentals: Rental equipment liens are limited to commercial property and claims over $5,000, and the lessor must give written notice to the owner within 15 business days of commencement of use (Mo. Rev. Stat. § 429.010.2).
- Residential property being sold: If the owner records a Notice of Intended Sale, you may need to record a Notice of Rights to preserve lien rights (see Mo. Rev. Stat. § 429.016.3, .11).
Missouri law requires a state-mandated form only for unconditional final lien waivers. Outside that specific context, lien waivers are often contract-driven, so it’s smart to review any waiver language carefully before signing. Brush up on Missouri lien waiver laws in our handy guide.
In Missouri, a mechanic’s lien must be based on a “just and true account” of the amount owed, after accounting for any payments or credits. In practical terms, this means your lien should reflect the unpaid value of lienable labor, materials, or services you actually provided to the project (Mo. Rev. Stat. § 429.080; § 429.010.1).
Missouri law places some limits on certain types of claims, depending on the nature of the work and the project. As with any lien, amounts included must be directly tied to the improvement and supported by the underlying contract or agreement.
Not always. Missouri liens can arise “under or by virtue of any contract,” and the lien filing itself is based on a verified account.
However, Missouri does create written-contract dependencies in a couple of common scenarios:
- For owner-occupied residential repair, remodeling, or addition projects (four units or fewer), Missouri requires non-GCs to have a written contract and a separately signed Consent of Owner to preserve lien rights (Mo. Rev. Stat. § 429.013.2–.3).
- Design professionals generally must have a written agreement in place to support a lien for professional services (Mo. Rev. Stat. § 429.015.8).
Even when not required, written contracts are best practice for proving scope, price, and timing.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.