429.013. Definitions--subcontractor to have lien, when--consent of owner, form--requirements--penalties for violation.

MISSOURI STATUTES AND CODES

429.013. Definitions--subcontractor to have lien, when--consent of owner, form--requirements--penalties for violation.

Definitions--subcontractor to have lien, when--consent of owner,form--requirements--penalties for violation.

429.013. 1. The provisions of this section shall applyonly to the repair or remodeling of or addition to owner-occupiedresidential property of four units or less. The term "owner"means the owner of record at the time any contractor, laborer ormaterialman 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 currentlyoccupies, or intends to occupy and does occupy as a residencewithin 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" meansproperty consisting of four or less existing units to whichrepairs, remodeling or additions are undertaken. This sectionshall not apply to the building, construction or erection of anyimprovements constituting the initial or original residentialunit or units or other improvements or appurtenances forming apart of the original development of the property. The provisionsadded to this subsection in 1990 are intended to clarify thescope and meaning of this section as originally enacted.

2. No person, other than an original contractor, whoperforms any work or labor or furnishes any material, fixtures,engine, boiler or machinery for any building or structure shallhave a lien under this section on such building or structure forany work or labor performed or for any material, fixtures,engine, boiler, or machinery furnished unless an owner of thebuilding or structure pursuant to a written contract has agreedto be liable for such costs in the event that the costs are notpaid. Such consent shall be printed in ten point bold type andsigned separately from the notice required by section 429.012 andshall contain the following words:

CONSENT OF OWNER

CONSENT IS HEREBY GIVEN FOR FILING OF MECHANIC'S LIENS BY ANYPERSON WHO SUPPLIES MATERIALS OR SERVICES FOR THE WORK DESCRIBEDIN THIS CONTRACT ON THE PROPERTY ON WHICH IT IS LOCATED IF HE ISNOT PAID.

3. In addition to complying with the provisions of section429.012, every original contractor shall retain a copy of thenotice required by that section and any consent signed by anowner and shall furnish a copy to any person performing work orlabor or furnishing material, fixtures, engines, boilers ormachinery upon his request for such copy of the notice orconsent. It shall be a condition precedent to the creation,existence or validity of any lien by anyone other than anoriginal contractor that a copy of a consent in the formprescribed in subsection 2 of this section, signed by an owner,be attached to the recording of a claim of lien. The signatureof one or more of the owners shall be binding upon all owners.Nothing in this section shall relieve the requirements of anyoriginal contractor under sections 429.010 and 429.012.

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

5. Any person falsifying the signature of an owner, withintent to defraud, in the consent of owner provided in subsection2 of this section shall be guilty of a class C felony. Anyoriginal contractor who knowingly issues a fraudulent consent ofowner shall be guilty of a class C felony.