Introduction to Missouri Lien Law
Time and time again, our attorneys pick up the phone and hear the same general story: the contractor or construction company provided labor or materials on a project but when it came time to get paid, there was nothing but severe delays or flat out nonpayment.
We regularly encounter this same problem with subcontractors, suppliers, tradesmen, design professionals and other construction vendors—the story is always the same with a few nuances depending on the type of project. Ultimately though, it can be reduced down to the same problem: Non-payment for money owed.
That is incredibly problematic for many clients, as the biggest threat to most construction professionals’ businesses arises from cash flow issues. Depending on the size of the company and the balance due, non-payment could make or break you.
Mechanic’s liens can serve as a powerful tool to threaten the non-payor and force payment, to remedy those cash flow issues, by expediting the payment process.
However, although liens are used a lot in construction and used very loosely by contractors and tradesmen in most occasions (even though half most of them don’t truly know what a lien is or does), the lien process is not always as straightforward as it should be.
The ocean of text governing mechanic’s liens can be quite technical with strict deadlines, statutory notice requirements, and can include detailed and unexpected filing requirements that could potentially be fatal to the lien.
Our firm’s main focus is to help contractors, subcontractors, suppliers, and owners throughout Missouri to exercise and protect their rights to the fullest extent possible when it comes to mechanic’s liens, bond claims, and construction litigation in general. Click here to see other Construction Law Services that our firm offers.
With years of courtroom, trial and arbitration experience, our team understands all aspects of lien disputes from filing liens, collecting monies owed, and filing lawsuits to enforce liens to the other side of the spectrum, where he have had to defend owners or general contractors against invalid, exaggerated, or outright false lien claims.
Experienced Mechanic’s Lien Attorney – Dan Gabris
Dan Gabris has extensive experience in litigating mechanic’s liens and has represented owners, contractors, subcontractors and design professionals in virtually every trade, navigating through the lien and litigation process to collect the balances due.
As a testament to Dan’s intimate knowledge of mechanic’s liens, in 2024, he was hired by a prominent law firm out of Kansas City to serve as an expert witness to testify regarding mechanic’s lien issues in a case involving approximately $12million in dispute between a grading and concrete subcontractor and a developer. Dan has also delivered presentations to other lawyers, brokerage firms, and construction companies as well as construction associations regarding mechanic’s liens and important matters pertaining to construction contracts and best practices to avoid construction disputes.
Dan has also tried more than 80 trials to judges and juries throughout the state of Missouri, as well as a handful in Kansas, in construction and real estate matters and has relentlessly pursued his clients’ claims to the fullest extent of the law, resulting in the recovery of millions and millions of dollars for clients.
Visit Mechanic’s Lien Attorney for more information.
Overview of Article & Website
The purpose of this website is to provide a guide and a resource that explains Missouri mechanic’s lien law (updated with case law from 2025). This website has an in-depth resource center on virtually any area of construction law where one may seek guidance.
The focus of this article, however, is to discuss mechanic’s liens, including who is eligible to file, deadlines to file, procedural matters, common pitfalls, recent case law updates, and frequently asked questions relating to mechanic’s liens.
If you need help preserving your lien rights or defending against a lien, please do not hesitate to call us today for a free consultation.
What is a Mechanic’s Lien in Missouri?
Missouri case law always describes mechanic’s liens as: “creatures of statute.” When the judges write that, he’s basically saying that liens are created by statutes, so all rights and authority of the lien claimant, to file or enforce a lien, arises from the language set forth in the lien statutes (that language is found in Chapter 429 of the Missouri Revised Statutes).
The most basic description of a lien is: a vehicle that allows people or companies who provide labor, materials, or services to improve real property to assert a security interest on that property until payment is made, or the lien is invalidated or expires.
It is essentially like taking the outstanding balance due and making the property collateral for that debt. It is similar to a bank lending money for the purchase of a home and the bank takes a deed of trust or mortgage on the home (collateralizing it) to be able to foreclose on the home if the monthly note payment is not made.
If payment is not made on a lien within 6 months of filing the lien, a lawsuit is then filed to enforce the lien with an ultimate outcome of selling the property to satisfy the balance due to the lien claimant.
Who is Eligible to File a Lien?
- General contractors
- Subcontractors
- Suppliers & materialmen
- Laborers & tradespeople
- Architects, engineers, and design professionals
Some Landlords want to know if a Tenant can cause a lien to be filed on a real property — click to find out more information.
Missouri Mechanic’s Lien Deadlines (2025 Update)
Missouri law imposes strict timelines. Missing a deadline usually voids lien rights.
| Party | Notice Requirement | Lien Filing Deadline |
| General Contractor | Must provide Notice to Owner pursuant to R.S.Mo. § 429.012 | 6 months after last work/material furnished |
| Subcontractor/Supplier | Must provide Notice of Intent to File Lien to Owner 10 days prior to filing lien pursuant to R.S.Mo. § 429.100 | 6 months after last work/material furnished |
For an in-depth discussion regarding Notice for Mechanic’s Liens
Step-by-Step: Filing a Mechanic’s Lien in Missouri
- The lien claimant must send or have provided the required lien notice to owner, general contractor, or both.
- Lien statement is prepared and includes detailed legal description, date work was last performed, owner and general contractor, if applicable, contract terms, and amount owed. The lien is signed and notarized on behalf of the lien claimant by an authorized party.
- The lien is filed with the circuit court in the county where the property is located.
- Although there are no specific requirements in Missouri regarding notice of the lien, the property owner and general contractor are usually served with notice of the lien filing as a matter of good practice.
- A lawsuit to enforce the lien must be filed within 6 months of the lien filing, or the lien goes stale/expires.
For a more in-depth analysis of Steps to Filing a Mechanic’s Lien or if you are a supplier of materials: 10 Step Checklist for Filing Liens for Material Suppliers
Common Pitfalls that Invalidate Liens
- Including an incorrect property description in the lien
- Subcontractor failing to provide proper supporting documentation
- Filing the lien untimely (after the 6-month deadline from the date work was performed).
- Failing to serve proper notice to owner/other parties
- Including inflated or additional amounts in lien without itemization (inflating the lien claim can invalidate the entire lien)
- Failing to bring a timely lawsuit (within 6 months) to enforce the lien
To avoid the pitfalls, check out our Mechanic’s Lien Requirements Infographic that provides an overview of the lien filing process.
Public Projects & Payment Bonds in lieu of Lien Filings
As a matter of public policy, mechanic’s liens cannot be filed against public property in Missouri. It would completely undermine the sovereignty of a city or municipality (or any governmental body) if a contractor ran around town telling fellow members in the construction industry that he has a mechanic’s lien on Springfield City Hall.
For that reason, among others, Missouri law does not permit contractors or construction companies to put liens on public property. The method of proceeding with collection of payment on public projects is naturally different, but similar in many ways, as contractors must, instead, avail themselves of the Little Miller Act (RSMo 34.057) by making a bond claim against the surety on the project.
The ability to make a bond claim on public projects is also governed by statute, like liens, and sets forth rights and limitations to make a claim and flushes out the process necessary for claimants to proceed with their a bond claim.
Enforcing & Defending a Lien
If payment is not made for the balance due, the lienholder must file a lawsuit to enforce the lien. The lien sometimes is sufficient to result in payment, but a lawsuit creates an actual obligation for the defendant (owner and sometimes general contractor) to respond and incur attorney’s fees, and occasionally other costs, to defend the suit.
These additional financial obligations and requirements can often lead to:
- Satisfaction of the debt upon the sale of the Property or upon a refinance,
- Negotiated settlement with owner/GC, or
- Sale of the Property after a judgment on the lien action is taken.
Defenses to Liens
- Failure to provide notice
- Property is held by Tenants by the Entirety (only if the wife had no acquiescence of the work performed)
- Fraudulent or overstated claims that are not itemized
- Improper property description
- Failure to comply with other general statutory requirements
- Payment of outstanding balance as already been made
For an in-depth article regarding Defending Mechanic’s Liens
Our firm represents both lien claimants and property owners in enforcement and defense, and we always perform a full analysis of the details of each matter to strategize and map out the best plan of attack.
Recent Missouri Mechanic’s Lien Case Law (Updated to 2025)
· Custom Construction Solutions, LLC v. B & P Construction, Inc., 684 S.W.3d 148 (Mo. Ct. App. 2023)
The appellate court made an analysis of the lien enforceability, generally stating that, “[r]easonable and substantial compliance with the statute suffices.” Custom Construction Solutions, LLC v. B & P Construction, Inc., 684 S.W.3d 148 (Mo. Ct. App. 2023). The holding in Custom Construction Solutions is consistent with Missouri courts’ inclination to avoid playing “gotcha” when evaluating the compliance with the mechanic’s lien statutes.
The case law directs courts to try to avoid putting “form over substance” as the underlying goal (and the objective of most trial judges is to arrive at a just and fair result) and the current state of the Missouri law dictates such thinking and directs judges to make rulings with an eye toward arriving at an equitable outcome.
In Custom Construction Solutions, the appellate court generally analyzed Mo. Rev. Stat. §§ 429.010 and 429.100, which require contractors to provide notice to the property owner of their claim.
The court was faced with a question of whether the owners of the property were properly notified when the lien claimant performed work on a garage that sat on four different parcels with several different owners—the gist of the argument was that the different owners would have each had to have been served with notice in advance of the lien filing in order for the lien to have been statutorily compliant from a notice standpoint.
The appellate court pointed to the fact that the lender raised the issue on appeal but admitted in its answer that the one owner who was served with the lien notice was the owner of the property in question and did not raise the issue that there were other owners who were not served.
The court pointed to the legal doctrine of judicial admission, stating that the lender admitted in its pleading that the owner who was served with notice was the true owner, and the lender did not raise any defenses or issues regarding notice to other owners at the time it responded to the lien claimant’s lawsuit.
Thus, the lender could not attempt to raise the issue on appeal (asserting that the lien claimant needed to notify 4 separate parcel owners to effectuate proper notice for the lien). Accordingly, the appellate court found that the statutory notice requirement was deemed satisfied even though not all potential parcel owners had been served with formal notice.
The Court also performed an analysis of issues relating to the legal description set forth in the mechanic’s lien. Mo. Rev. Stat. § 429.080 requires that a lien contain a “true description of the property, or so near as to identify the same.” Id. “A lien description is fatally defective ‘where the land described by the plaintiff was not the land on which the improvements were placed.’” Id.
The appellate court, adhering to longstanding Missouri case law, noted thatthe legal description does need not be perfect. Rather, it only needs to be sufficiently stated to allow someone familiar with the locality to identify the property.
Although the lien’s property description only referenced the parking garage, the invoices attached to the lien and the street addresses set forth therein clarified the property covered by the lien. Accordingly, the court found that the legal description satisfied the requisite statutory standards regarding true property description.
Missouri Mechanic’s Lien FAQs
Can homeowners be liened?
Yes, residential property is subject to liens if proper notice is provided and the statutory requisites are contained in the lien filing. Although subcontractors and suppliers do not typically have lien rights on residential properties, as Section 429.013, R.S.MO., requires subcontractors or suppliers to have a signed consent of owner form to be able to lien residential owner-occupied properties of 4 units or less. A consent of owner form is very rare, and thus, many subcontractors and suppliers performing work on residential (owner-occupied) property do not typically have lien rights.
What if I miss the lien filing deadline?
Lien deadlines are very strict. If a lien is not filed within the statutorily prescribed time, the lien rights will not be preserved. For claimants who miss the deadline, all is not lost, as many contractors/subcontractors/suppliers will still have the right to pursue a breach of contract or quantum meruit claim.
Do I need a written contract to file a lien?
No—oral agreements are sufficient to support lien rights. However, the terms of the oral agreement would have to be specifically identified. As a general practice, it is always advised to have a written contract that sets forth the scope of work, pricing and any specific details to avoid questions or issues that may arise throughout the course of the project or after the project has been completed.
Can I include attorney’s fees in my lien?
No. Interest may be included if specifically provided for in the contract. However, there is no authority in Missouri for a lien claimant to include attorney’s fees in a lien claim.
For a more exhaustive list of Frequently Ask Questions relating to Mechanic’s Liens click here.
For a more exhaustive list of Frequently Asked Questions relating to Missouri Construction Law click here.
Why Hire a Mechanic’s Lien Lawyer?
- Prevent mistakes that could cause you to lose your lien rights.
- File and enforce liens quickly and in a manner that is statutorily compliant
- Negotiate faster settlements with GCs, owners, title companies, and insurers.
- Defend against invalid, inflated, or exaggerated liens.
Our #1 goal is to utilize every tool in our arsenal to get you and your business the outcome you need. While we can’t guarantee results in any matter, we can confidently state that our law firm has tried as many cases as any civil litigation firm in St. Louis and brings as much, if not more, knowledge regarding mechanic’s liens as any firm in the St. Louis Metropolitan area.
Please call at the number below us if you’d like to discuss your lien issue.