429.014. Lien fraud, penalties--claim against original contract, when. - Missouri Statutes

Lien fraud, penalties--claim against original contract, when.

429.014. 1. Any original contractor, subcontractor orsupplier who fails or refuses to pay any subcontractor,materialman, supplier or laborer for any services or materialsprovided pursuant to any contract referred to in section 429.010,429.012 or 429.013 for which the original contractor,subcontractor or supplier has been paid, with the intent todefraud, commits the crime of lien fraud, regardless of whetherthe lien was perfected or filed within the time allowed by law.

2. A property owner or lessee who pays a subcontractor,materialman, supplier or laborer for the services or goodsclaimed pursuant to a lien, for which the original contractor,subcontractor or supplier has been paid, shall have a claimagainst the original contractor, subcontractor or supplier whofailed or refused to pay the subcontractor, materialman, supplieror laborer.

3. Lien fraud is a class C felony if the amount of the lienfiled or the aggregate amount of all liens filed on the subjectproperty as a result of the conduct described in subsection 1 ofthis section is in excess of five hundred dollars, otherwise lienfraud is a class A misdemeanor. If no liens are filed, lienfraud is a class A misdemeanor.

(L. 1986 H.B. 942, et al. § 1, A.L. 1988 H.B. 1711)