Section 429.100

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 429

Effective - 28 Aug 1939   

  429.100.  Notification by subcontractors and others. — Every person except the original contractor, who may wish to avail himself of the benefit of the provisions of sections 429.010 to 429.340, shall give ten days' notice before the filing of the lien, as herein required, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due.  Such notice may be served by any officer authorized by law to serve process in civil actions, or by any person who would be a competent witness.  When served by an officer, his official return endorsed thereon shall be proof thereof, and when served by any other person, the fact of such service shall be verified by affidavit of the person so serving.

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(RSMo 1939 § 3565)

Prior revisions: 1929 § 3175; 1919 § 7235; 1909 § 8231

(1964) The ten-day notice provision of this section does not reduce the four-month provision of 429.080 to a lesser period of time. Continental Casualty Co. v. Allsop Lumber Co., 336 F.2d 445.

(1975) "Original contractor" is one who contracts to furnish labor or materials with the then owner of the property. J.R.  Meade Co. v. Forward Const. Co. (A.), 526 S.W.2d 21.

(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.