429.012. Original contractor to have lien, when--requirements, failure to provide notice, penalty, exception--agents, insurance companies or escrow, accepting fraudulent lien waiver or false affidavit - Missouri Statutes

Original contractor to have lien, when--requirements, failure toprovide notice, penalty, exception--agents, insurance companies orescrow, accepting fraudulent lien waiver or false affidavit forgain, penalty.

429.012. 1. Every original contractor, who shall do orperform any work or labor upon, or furnish any material,fixtures, engine, boiler or machinery for any building, erectionor improvements upon land, or for repairing the same, under or byvirtue of any contract, or without a contract if ordered by acity, town, village or county having a charter form of governmentto abate the conditions that caused a structure on that propertyto be deemed a dangerous building under local ordinances pursuantto section 67.410, RSMo, shall provide to the person with whomthe contract is made or to the owner if there is no contract,prior to receiving payment in any form of any kind from suchperson, (a) either at the time of the execution of the contract,(b) when the materials are delivered, (c) when the work iscommenced, or (d) delivered with first invoice, a written noticewhich shall include the following disclosure language inten-point bold type:

NOTICE TO OWNER

FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYINGMATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THEFILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECTOF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THISRESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM ALLPERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED INTHIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOURPAYING FOR LABOR AND MATERIAL TWICE.

2. Compliance with subsection 1 of this section shall be acondition precedent to the creation, existence or validity of anymechanic's lien in favor of such original contractor.

3. Any original contractor who fails to provide the writtennotice set out in subsection 1 of this section, with intent todefraud, shall be guilty of a class B misdemeanor and anycontractor who knowingly issues a fraudulent lien waiver or afalse affidavit shall be guilty of a class C felony.

4. The provisions of subsections 1 and 2 of this sectionshall not apply to new residences for which the buyer has beenfurnished mechanics' and suppliers' lien protection through atitle insurance company registered in the state of Missouri.

5. Any settlement agent, including but not limited to anytitle insurance company, title insurance agency, title insuranceagent or escrow agent who knowingly accepts, with intent todefraud, a fraudulent lien waiver or a false affidavit shall beguilty of a class C felony if the acceptance of the fraudulentlien waiver or false affidavit results in a matter of financialgain to:

(1) The settlement agent or to its officer, director oremployee other than a financial gain from the charges regularlymade in the course of its business;

(2) A person related as closely as the fourth degree ofconsanguinity to the settlement agent or to an officer, directoror employee of the settlement agent;

(3) A spouse of the settlement agent, officer, director oremployee of the settlement agent; or

(4) A person related as closely as the fourth degree ofconsanguinity to the spouse of the settlement agent, officer,director or employee of the settlement agent.

(RSMo 1939 § 3546, A.L. 1959 S.B. 257 & 295, A.L. 1974 H.B. 1251 § 429.010 subsec. 1, A.L. 1986 H.B. 942, et al., A.L. 1992 H.B. 1434 & 1490, A.L. 1993 S.B. 18)