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Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 429

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  429.015.  Lien authorized for architectural, professional engineering, land survey, or landscape architecture — extent of lien — priority — defenses. — 1.  Every registered architect or corporation registered to practice architecture, every registered professional engineer or corporation registered to practice professional engineering, every registered landscape architect or corporation registered to practice landscape architecture, and every registered land surveyor or corporation registered to practice land surveying, who does any landscape architectural, architectural, engineering or land surveying work upon or performs any landscape architectural, architectural, engineering or land surveying service directly connected with the erection or repair of any building or other improvement upon land under or by virtue of any contract with the owner or lessee thereof, or such owner's or lessee's agent, trustee, contractor or subcontractor, or without a contract if ordered by a city, town, village or county having a charter form of government to abate the conditions that caused a structure on that property to be deemed a dangerous building under local ordinances pursuant to section 67.410, upon complying with the provisions of this chapter, shall have for such person's landscape architectural, architectural, engineering or land surveying work or service so done or performed, a lien upon the building or other improvements and upon the land belonging to the owner or lessee on which the building or improvements are situated, to the extent of three acres.  If the building or other improvement is upon any lot of land in any town, city or village, then the lien shall be upon such building or other improvements, and the lot or land upon which the building or other improvements are situated, to secure the payment for the landscape architectural, architectural, engineering or land surveying work or service so done or performed.  For purposes of this section, a corporation engaged in the practice of architecture, engineering, landscape architecture, or land surveying, shall be deemed to be registered if the corporation itself is registered under the laws of this state to practice architecture, engineering or land surveying.

  2.  Every mechanic or other person who shall do or perform any work or labor upon or furnish any material or machinery for the digging of a well to obtain water under or by virtue of any contract with the owner or lessee thereof, or such owner's or lessee's agent, trustee, contractor or subcontractor, upon complying with the provisions of sections 429.010 to 429.340 shall have for such person's work or labor done, or materials or machinery furnished, a lien upon the land belonging to such owner or lessee on which the same are situated, to the extent of three acres, to secure the payment of such work or labor done, or materials or machinery furnished as aforesaid.

  3.  Every mechanic or other person who shall do or perform any work or labor upon, or furnish any material, fixtures, engine, boiler or machinery, for the purpose of demolishing or razing a building or structure under or by virtue of any contract with the owner or lessee thereof, or such owner's or lessee's agent, trustee, contractor or subcontractor, or without a contract if ordered by a city, town, village or county having a charter form of government to abate the conditions that caused a structure on that property to be deemed a dangerous building under local ordinances pursuant to section 67.410, upon complying with the provisions of sections 429.010 to 429.340, shall have for such person's work or labor done, or materials, fixtures, engine, boiler or machinery furnished, a lien upon the land belonging to such owner or lessee on which the same are situated, to the extent of three acres.  If the building or buildings to be demolished or razed are upon any lot of land in any town, city or village, then the lien shall be upon the lot or lots or land upon which the building or other improvements are situated, to secure the payment for the labor and materials performed.

  4.  The provisions of sections 429.030 to 429.060 and sections 429.080 to 429.430* applicable to liens of mechanics and other persons shall apply to and govern the procedure with respect to the liens provided for in subsections 1, 2 and 3 of this section.

  5.  Any design professional or corporation authorized to have lien rights under subsection 1 of this section shall have a lien upon the building or other improvement and upon the land, whether or not actual construction of the planned work or improvement has commenced if:

  (1)  The owner or lessee thereof, or such owner's or lessee's agent or trustee, contracted for such professional services directly with the design professional or corporation asserting the lien; and

  (2)  The owner or lessee is the owner or lessee of such real property either at the time the contract is made or at the time the lien is filed.

  6.  Priority between a design professional or corporation lien claimant and any other mechanic's lien claimant shall be determined pursuant to the provisions of section 429.260 on a pro rata basis.

  7.  In any civil action, the owner or lessee may assert defenses which include that the actual construction of the planned work or improvement has not been performed in compliance with the professional services contract, is impracticable or is economically infeasible.

  8.  The agreement is in writing.

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(L. 1971 S.B. 217, A.L. 1988 H.B. 1711, A.L. 1989 H.B. 190, et al., A.L. 1990 S.B. 808 & 672, A.L. 1992 H.B. 1434 & 1490, A.L. 1997 S.B. 171, A.L. 2011 S.B. 325)

*Section 429.430 was repealed by H.B. 1634, 1978.

(1978) Held, that claimant was entitled to mechanics lien for contributing to performance of demolition contract by demolishing and removing debris, although initially called to site for rescue assistance.  Marsh v. Allright Missouri, Inc. (A.), 568 S.W.2d 577.

(1992) Statute precludes architectural firm which performs architectural services under a contract while it is unregistered with the board for architects, engineers and land surveyors from having statutory lien for services.  Statute requires architectural services to be performed under a contract in order to have enforceable lien.  In re Branson Mall, Inc., 970 F.2d 456 (8th Cir.).


---- end of effective   28 Aug 2011 ----

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