Section 429.013

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 429

Effective - 01 Jan 2017, 2 histories, see footnote   

  429.013.  Definitions — subcontractor to have lien, when — consent of owner, form — requirements — penalties for violation. — 1.  The provisions of this section shall apply only to the repair or remodeling of or addition to owner-occupied residential property of four units or less.  The term "owner" means the owner of record at the time any contractor, laborer or materialman agrees or is requested to furnish any work, labor, material, fixture, engine, boiler or machinery.  The term "owner-occupied" means that property which the owner currently occupies, or intends to occupy and does occupy as a residence within a reasonable time after the completion of the repair, remodeling or addition which is the basis for the lien sought, pursuant to this section.  The term "residential property" means property consisting of four or less existing units to which repairs, remodeling or additions are undertaken.  This section shall not apply to the building, construction or erection of any improvements constituting the initial or original residential unit or units or other improvements or appurtenances forming a part of the original development of the property.  The provisions added to this subsection in 1990 are intended to clarify the scope and meaning of this section as originally enacted.

  2.  No person, other than an original contractor, who performs any work or labor or furnishes any material, fixtures, engine, boiler or machinery for any building or structure shall have a lien under this section on such building or structure for any work or labor performed or for any material, fixtures, engine, boiler, or machinery furnished unless an owner of the building or structure pursuant to a written contract has agreed to be liable for such costs in the event that the costs are not paid.  Such consent shall be printed in ten point bold type and signed separately from the notice required by section 429.012 and shall contain the following words:

CONSENT OF OWNER

CONSENT IS HEREBY GIVEN FOR FILING OF MECHANIC'S LIENS BY ANY PERSON WHO SUPPLIES MATERIALS OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT ON THE PROPERTY ON WHICH IT IS LOCATED IF HE IS NOT PAID.

  3.  In addition to complying with the provisions of section 429.012, every original contractor shall retain a copy of the notice required by that section and any consent signed by an owner and shall furnish a copy to any person performing work or labor or furnishing material, fixtures, engines, boilers or machinery upon his request for such copy of the notice or consent.  It shall be a condition precedent to the creation, existence or validity of any lien by anyone other than an original contractor that a copy of a consent in the form prescribed in subsection 2 of this section, signed by an owner, be attached to the recording of a claim of lien.  The signature of one or more of the owners shall be binding upon all owners.  Nothing in this section shall relieve the requirements of any original contractor under sections 429.010 and 429.012.

  4.  In the absence of a consent described in subsection 2 of this section, full payment of the amount due under a contract to the contractor shall be a complete defense to all liens filed by any person performing work or labor or furnishing material, fixtures, engines, boilers or machinery.  Partial payment to the contractor shall only act as an offset to the extent of such payment.

  5.  Any person falsifying the signature of an owner, with intent to defraud, in the consent of owner provided in subsection 2 of this section shall be guilty of a class D felony.  Any original contractor who knowingly issues a fraudulent consent of owner shall be guilty of a class D felony.

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(L. 1986 H.B. 942, et al., A.L. 1989 H.B. 630, A.L. 1990 S.B. 808 & 672, A.L. 2014 S.B. 491)

Effective 1-01-17