MECHANICS LIEN STATEMENT

State of Missouri

County of [________________________________]

IMPORTANT FILING NOTICE

This Mechanics Lien Statement must be filed with the Clerk of the Circuit Court in the county where the property is located. Under RSMo § 429.080, the statement must be filed within 6 months after the indebtedness accrues (generally the last date of furnishing labor or materials). Non-original contractors (subcontractors, suppliers, etc.) must give the owner 10 days' notice before filing. The enforcement action must be filed within 6 months of the lien filing.

I. CLAIMANT INFORMATION

Full Legal Name of Claimant: [________________________________]

Claimant Entity Type:

☐ Individual / Sole Proprietor
☐ Corporation
☐ Limited Liability Company (LLC)
☐ Partnership
☐ Joint Venture
☐ Other: [________________________________]

Claimant Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: MO ZIP: [____]

Claimant Phone: [________________________________]

Claimant Email: [________________________________]

Missouri Contractor License (if applicable): [________________________________]

Claimant's Role in the Project:

☐ Original Contractor (direct contract with Owner) (RSMo § 429.010)
☐ Subcontractor (RSMo § 429.030)
☐ Sub-subcontractor
☐ Material Supplier (RSMo § 429.040)
☐ Equipment Lessor / Rental Equipment Provider (RSMo § 429.015)
☐ Laborer / Journeyman (RSMo § 429.020)
☐ Architect / Engineer / Surveyor
☐ Other: [________________________________]

II. PROPERTY OWNER INFORMATION

Full Legal Name of Property Owner: [________________________________]

Owner Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Owner Phone (if known): [________________________________]

Name of Owner's Agent (if applicable): [________________________________]

III. ORIGINAL CONTRACTOR INFORMATION

(If Claimant is not the Original Contractor)

Original Contractor Name: [________________________________]

Original Contractor Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

IV. HIRING PARTY INFORMATION

(Complete if Claimant was not hired directly by Owner or Original Contractor)

Name of Party Who Hired Claimant: [________________________________]

Hiring Party's Relationship:

☐ Original Contractor
☐ Subcontractor
☐ Agent of Owner
☐ Other: [________________________________]

Hiring Party Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

V. PROPERTY DESCRIPTION

Property Street Address:

[________________________________]
[________________________________]
City: [________________________________], Missouri [____]

County: [________________________________], Missouri

True Description of Property (or so near as to identify the same):

[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Attach Exhibit A for full legal description if additional space is needed)

☐ Exhibit A — Legal Description is attached hereto and incorporated by reference.

Under RSMo § 429.100, the lien must include "a true description of the property, or so near as to identify the same."

Assessor's Parcel Number: [________________________________]

VI. STATEMENT OF ACCOUNT / LIEN CLAIM

A. Basis for Lien

Pursuant to RSMo § 429.010 et seq., the undersigned Claimant hereby claims a mechanics lien upon the above-described real property, including the building(s), improvements, and fixtures thereon, and on the land upon which they are situated, for labor, materials, services, fixtures, engines, boilers, machinery, and/or equipment furnished in connection with the erection, alteration, repair, or demolition of improvements on said property.

B. Nature of Work Performed / Materials Furnished

Type of Improvement:

☐ New Construction / Erection
☐ Alteration / Renovation
☐ Repair
☐ Demolition
☐ Other: [________________________________]

Description of Labor Performed and/or Materials Furnished:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Just and True Account of Demand Due

Under RSMo § 429.100, the lien must state "a just and true account of the demand due after all just credits have been given."

D. Equipment Rental (if applicable — RSMo § 429.015)

For rental equipment or machinery, the lien must be filed within 60 days after the date the rental equipment was last removed from the property.

☐ This claim includes rental equipment — Date equipment last removed: [__/__/____]
☐ This claim does NOT include rental equipment

E. Contract Information

Type of Contract:

☐ Written Contract
☐ Oral Contract
☐ Implied Contract

Original Contract Price: $[________________________________]

Approved Change Orders: $[________________________________]

Total Adjusted Contract Price: $[________________________________]

VII. DATES OF WORK / FURNISHING

Date Claimant First Furnished Labor or Materials: [__/__/____]

Date Claimant Last Furnished Labor or Materials: [__/__/____]

Date Indebtedness Accrued (if different): [__/__/____]

VIII. PRE-LIEN NOTICE COMPLIANCE

A. Original Contractor Notice Requirements (RSMo §§ 429.012, 429.013)

Every original contractor must provide written notice to the person with whom the contract is made or to the owner, prior to receiving payment, at the time of contract execution, when materials are delivered, or when work is commenced (or delivered with the first invoice).

☐ Claimant IS the Original Contractor — Required notice was provided
- Date of Notice: [__/__/____]
- Method: [________________________________]

☐ Claimant IS the Original Contractor — Notice was NOT provided (Consult attorney — this may affect lien rights)

☐ Claimant is NOT the Original Contractor — §§ 429.012/429.013 do not apply

B. Ten-Day Notice — Non-Original Contractors (RSMo § 429.110)

Under RSMo § 429.110, every person except the original contractor must give the owner or owner's agent 10 days' written notice before filing the lien, setting forth the amount due and from whom the same is due.

☐ Claimant IS the Original Contractor — 10-day notice not required
☐ 10-Day Notice was served on the Owner
- Date of Notice: [__/__/____]
- Method: ☐ Certified mail ☐ Personal delivery ☐ Other: [________________________________]
- Amount stated in notice: $[________________________________]
- From whom due: [________________________________]

☐ 10-Day Notice was NOT served (WARNING: Failure to give 10 days' notice before filing is required for all claimants except the original contractor)

IX. FILING DEADLINE COMPLIANCE

Under RSMo § 429.080, the lien statement must be filed within 6 months after the indebtedness shall have accrued.

Date Indebtedness Accrued / Last Furnishing: [__/__/____]

Filing Deadline: [__/__/____]

Date of This Filing: [__/__/____]

☐ Claimant confirms this lien statement is being filed within the applicable statutory deadline.

X. VERIFICATION

Verified Statement

I, [________________________________], being first duly sworn, state under oath:

1. I am the Claimant named above (or the [________________________________] of the Claimant entity).
2. I have read the foregoing Mechanics Lien Statement and know the contents thereof.
3. The account set forth herein is a just and true account of the demand due after all just credits have been given.
4. The amount claimed, $[________________________________], is justly due and owing.
5. The description of the property is a true description thereof, or so near as to identify the same.

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

XI. NOTARY ACKNOWLEDGMENT

State of Missouri
County of [________________________________]

Subscribed and sworn to before me this [____] day of [________________], 20[____], by [________________________________], who is personally known to me or who has produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

Commission Number: [________________________________]

[NOTARY SEAL]

XII. ENFORCEMENT DEADLINES

CRITICAL: Under RSMo § 429.170, an action to enforce the lien must be commenced within SIX (6) MONTHS after filing the lien statement, and must be prosecuted without unnecessary delay to final judgment. No lien shall continue to exist for more than 6 months after filing unless an action is instituted within that time.

XIII. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

Upon full payment of the amount claimed plus any accrued interest, costs, and attorney's fees, Claimant shall file a Release of Lien with the Clerk of the Circuit Court where the lien was filed.

B. Bond to Release Lien (RSMo § 429.310)

The property owner or any interested party may deposit with the Clerk of the Circuit Court a sum of money or bond sufficient to cover the lien claim, plus interest and costs. Upon the filing of an adequate bond, the lien on the real property may be released and transferred to the bond.

C. Partial Release

If partial payment is received, Claimant may file a partial release reducing the amount claimed.

XIV. PRIORITY OF LIEN

Under RSMo § 429.050, the mechanics lien is preferred to all other encumbrances which may attach to or upon the building or improvement and to the land upon which the same are situated, subsequent to the commencement of the building or improvement. The lien relates back to the date of commencement of the work.

XV. ADDITIONAL NOTICES AND DISCLOSURES

1. Filing Location: Missouri lien statements are filed with the Clerk of the Circuit Court in the county where the property is located, not the County Recorder of Deeds.
2. Diligent Prosecution Required: Under RSMo § 429.170, the enforcement action must not only be filed within 6 months but must also be "prosecuted without unnecessary delay to final judgment." Failure to diligently prosecute may result in loss of the lien even if timely filed.
3. Just and True Account: The lien statement must contain a "just and true account" — an inflated or inaccurate claim may invalidate the entire lien.
4. Multiple Properties: If work was performed on multiple parcels, separate lien statements may be required.
5. Residential Property: Additional consumer protection requirements may apply.
6. Penalties for False Lien: Filing a false or fraudulent lien may subject the claimant to liability for damages and attorney's fees.
7. Labor Liens: Laborers and journeymen have specific protections under RSMo § 429.020 and may have enhanced priority.

FILING INSTRUCTIONS

1. Ensure all pre-filing notice requirements are met:
   - Original Contractors: Provide statutory notice under RSMo §§ 429.012/429.013
   - Non-Original Contractors: Give 10-day written notice to Owner under RSMo § 429.110
2. Complete all sections of this Mechanics Lien Statement
3. Have the Claimant sign under oath before a Notary Public
4. File the original with the Clerk of the Circuit Court in the county where the property is located
5. Serve notice on the property Owner
6. Retain copies for your records
7. Calendar the 6-month enforcement deadline from the date of filing
8. File suit and diligently prosecute the action to final judgment
9. Consult with an attorney regarding enforcement well in advance of the deadline

SOURCES AND REFERENCES

• Missouri Revised Statutes Chapter 429 — Statutory Liens Against Real Estate
• RSMo § 429.010 — Mechanics Liens on Buildings and Improvements
• RSMo § 429.012 — Original Contractor Notice Requirements
• RSMo § 429.013 — Notice at Execution of Contract
• RSMo § 429.015 — Rental Equipment Liens
• RSMo § 429.020 — Laborer / Journeyman Liens
• RSMo § 429.030 — Subcontractor Liens
• RSMo § 429.040 — Material Supplier Liens
• RSMo § 429.050 — Priority of Liens
• RSMo § 429.080 — Filing of Lien Statement (6-month deadline)
• RSMo § 429.100 — Contents of Lien Statement
• RSMo § 429.110 — Notice to Owner (10-day requirement for non-original contractors)
• RSMo § 429.170 — Enforcement (6-month deadline; diligent prosecution)
• RSMo § 429.310 — Bond to Release Lien
• Missouri Revisor of Statutes: https://revisor.mo.gov/main/OneSection.aspx?section=429.010
• Missouri Courts: https://www.courts.mo.gov