You have six months to file a mechanic’s lien from the last date you did any work on the project, or provided the materials.
If you are a subcontractor or material provider, you must personally deliver a notice to the owner of the property at least 10 days before you file your lien of your intent to file the lien if you are not paid.
This is very important.
There is only an exception to this notice in the event the owner cannot be found, or resides outside of the State of Missouri. Without the 10 day notice, your lien will be invalid. This 10-day notice is not an actual filing of a Mechanics Lien but establishes the right to file that lien later on if you are not paid in full by your customer.
A Mechanics Lien prevents the owner (who requested the improvements) from selling the property without first addressing the lien claimant’s interest in the property (unpaid receivable). A properly filed mechanic’s lien can ensure the lien holder is paid before a mortgage holder if the property is sold or foreclosed upon.
The filing of a mechanic’s lien will not guarantee payment. After a lien is filed, if you are not paid, you have 6 months within which to file a lawsuit to enforce the lien. This is another critical deadline that you must keep in mind.
Because it may take time to properly prepare a valid lien, it is suggested that the lien claimant always get all the information and documents to our firm well in advance of the expiration of the six month window for filing liens.
It is suggested that if you are not paid within no greater than 90 days of your last day on the job, then you contact our firm to discuss the filing of a lien. We will be glad to help in any way we can.