Section 429.080

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 429

Effective - 28 Aug 2007, 2 histories   

  429.080.  Lien filed with circuit clerk, when. — It shall be the duty of every original contractor, every journeyman and day laborer, including persons who use rented machinery or equipment in performing such work or labor, and every other person seeking to obtain the benefit of the provisions of sections 429.010 to 429.340, within six months after the indebtedness shall have accrued, or, with respect to rental equipment or machinery rented to others, then, within sixty days after the date the last of the rental equipment or machinery was last removed from the property, to file with the clerk of the circuit court of the proper county a just and true account of the demand due him or them after all just credits have been given, which is to be a lien upon such building or other improvements, and a true description of the property, or so near as to identify the same, upon which the lien is intended to apply, with the name of the owner or contractor, or both, if known to the person filing the lien, which shall, in all cases, be verified by the oath of himself or some credible person for him.

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(RSMo 1939 § 3551, A.L. 1986 H.B. 942, et al., A.L. 2005 S.B. 320, A.L. 2007 S.B. 302)

Prior revisions: 1929 § 3161; 1919 § 7221; 1909 § 8217

CROSS REFERENCE:

Liens on property, where filed in Kaw township, Jackson County, 478.483

(1953) Supervisor of construction and carpenter employed directly by owners and paid at hourly rate, and supplier of material under contract with owners held original contractors under this section so as to permit filing of account within six months. E. C. Robinson Lumber Co. v. Baugher (A.), 258 S.W.2d 259.

(1954) Lien account of subcontractor stated in a lump sum and not itemized held not sufficient to establish lien against owner. Mississippi Woodworking Co. v. Maher (A.), 273 S.W.2d 753.

(1956) Lien statement or account must be introduced in evidence or otherwise made part of the record before appellate court can consider it as supporting judgment. Wilson v. Berning (A.), 293 S.W.2d 151.

(1962) Lien statement of account of supplier of prefabricated house, under a contract with developer and builder of houses who was the owner of land involved, which stated the lump sum due for "materials for final erection" was sufficient.  Wadsworth Homes, Inc. v. Woodridge Corporation (A.), 358 S.W.2d 288.

(1962) It was a question for jury to determine whether contractor who dealt with individual purporting to act for corporation to be formed in future, and for person who held title of tract which corporation was to develop, dealt with owner and was therefore original contractor and entitled to file lien account within six months after indebtedness accrued. Vasquez v. Village Center, Inc. (Mo.), 362 S.W.2d 588.

(1963) Lien statement was sufficient which had attached invoice copies covering each item comprising the demand with a unit price for each item and the total price, as statute does not require itemization of payments made for other materials ordered on the same job. Continental Electric Co. v. Ebco, Inc.  (A.), 365 S.W.2d 746.

(1963) The intentional inclusion in lien account filed of nonlienable cash advance of $1900, entered as "advance labor", made the account unjust and untrue and vitiated the entire lien. Putnam v. Heathman (A.), 367 S.W.2d 823.

(1968) The time period for the filing of a mechanic's lien cannot be extended or waived. George F. Robertson Plastering Co. v. Altman (Mo.), 430 S.W.2d 169.

(1972) Lien statement of subcontractor, which commingled unfurnished and nonlienable items with others and was stated in a lump sum, was not "a just and true account" and since subcontractor utterly failed burden to demonstrate that the excessive account resulted from inadvertence and mistake, he was not as matter of law entitled to a lien against the property in any sum and it was error for trial judge to submit the issue to jury. Bremer v. Mohr (A.), 478 S.W.2d 14.

(1977) Held, an amount listed simply as "agreement for extras" which was based on an oral agreement made outside the written contract does not comply with the statutory requirement and will not establish a lien. Malott Electric Co. v. Bryan Enterprises, Inc. (A.), 549 S.W.2d 558.

1977) Held, statement of account which listed invoice numbers was not sufficient to meet statutory requirements even though invoices with itemized information were made available in court. Bernard v. Merrick (A.), 549 S.W.2d 561.

(1978) Original contractor within meaning of this section refers to what contractor is to do, and is not determined upon the characterization of the terms "contractor" and "subcontractor" in the contract. Home Building Corporation v. Ventura Corporation (Mo.), 568 S.W.2d 769.

(1992) Mechanic's lien law is remedial in nature and is to be liberally construed.  Although a claimant must substantially comply with the statute in order to secure its benefits, the description of the property need not be letter perfect.  When the rights of third parties are not involved, the description need only be sufficient to enable one familiar with the locality to identify the premises intended to be covered by the lien.  Breckenridge Material v. Byrnesville Construction Co., Inc., 842 S.W.2d 551 (Mo. App. E.D.).