Mechanic's Lien Statement
(Residential) (MO)

Summary

This template is a mechanic's lien statement intended for use in Missouri to preserve lien rights for work performed on or material supplied to residential real property. Because mechanic's lien remedies are statutory, lien claimants must comply with the applicable statutory requirements and deadlines. This template includes practical guidance, drafting notes, an alternative clause, and an optional clause. To preserve a mechanic's lien, generally the lien claimant must file a lien statement within six months "after the indebtedness shall have accrued. Where the lien is based on the cost of rental equipment or machinery, however, the lien statement must be filed within 60 days after the equipment's removal. Mo. Rev. Stat. § 429.080. The lien statement must contain: • A just and true account of the demand due to the lien claimant after all just credits have been given • A true description of the property, or so near as to identify the same • The name of the owner or contractor, or both, if known to the person filing the lien • Verification by the lien claimant or some credible person for the claimant Mo. Rev. Stat. § 429.080. Where the mechanic's lien is based on work on or materials supplied to real property intended to be used or used for the construction of residential structures intended to be occupied or sold by the current owner, the lien statement must include additional information. Mo. Rev. Stat. § 429.016 requires the following information and documentation to be filed with the circuit court clerk: • A photocopy of the file-stamped notice of rights and any renewals of notice of rights recorded by or identifying claimant • The name and address of the person or entity which claimant contracted with to perform work on the property • A copy of any contract or contracts, purchase order or orders, or proposal or proposals, hereinafter collectively referred to as agreements, and any agreed change orders or modifications to such agreement or agreements under which claimant performed its work on the property • In the absence of any written agreement or agreements, a general description of the scope of work agreed to be performed by claimant on the property and the basis for payment for such work as agreed to by claimant and the contracting party • All invoices submitted by claimant for its work on the property • An accurate statement of account which shows all payments or credits against amounts otherwise due to claimant for the work performed on the property and the calculation or basis for the amount claimed by claimant in its mechanic's lien statement –and– • The last date that claimant performed any work or labor upon, or provided any materials or equipment to, the property Additionally, where the lien is filed against residential property, the lien claimant must attach a file-stamped copy of their notice of rights to the mechanic's lien statement when filed with the circuit clerk under Mo. Rev. Stat. § 429.080. Note that this annotated template is based on an official state form published by the Missouri courts here: https://www.courts.mo.gov/file.jsp?id=40852. Lien statements filed against non-residential real property in Missouri do not require the same level of detail as those filed against residential property. For a template appropriate for use on residential property, see Mechanic's Lien Statement (Nonresidential) (MO). For more information on Missouri mechanic's liens, see Mechanic's Lien Resource Kit (MO), Mechanic's Liens (MO), and the Mechanic's Lien Checklist (MO). For general information on mechanic's liens, see Mechanic's Lien Resource Kit. For information on the construction process, see Construction Resource Kit. For a list of key resources covering construction-related tasks for associates, in-house attorneys, and interns, see First Year Associate Resource Kit: Construction, Junior Associate Resource Kit: Construction, Summer Associate Resource Kit: Construction, In-House Construction Resource Kit, and Federal Government Summer Intern Resource Kit: Construction.