429.015. Lien authorized for architectural, professional engineering, land survey, or landscape architecture--extent of lien--priority--defenses. - Missouri Statutes

Lien authorized for architectural, professional engineering, landsurvey, or landscape architecture--extent oflien--priority--defenses.

429.015. 1. Every registered architect or corporation registered topractice architecture, every registered professional engineer orcorporation registered to practice professional engineering, everyregistered landscape architect or corporation registered to practicelandscape architecture, and every registered land surveyor or corporationregistered to practice land surveying, who does any landscapearchitectural, architectural, engineering or land surveying work upon orperforms any landscape architectural, architectural, engineering or landsurveying service directly connected with the erection or repair of anybuilding or other improvement upon land under or by virtue of any contractwith the owner or lessee thereof, or such owner's or lessee's agent,trustee, contractor or subcontractor, or without a contract if ordered by acity, town, village or county having a charter form of government to abatethe conditions that caused a structure on that property to be deemed adangerous building under local ordinances pursuant to section 67.410, RSMo,upon complying with the provisions of this chapter, shall have for suchperson's landscape architectural, architectural, engineering or landsurveying work or service so done or performed, a lien upon the building orother improvements and upon the land belonging to the owner or lessee onwhich the building or improvements are situated, to the extent of one acre.If the building or other improvement is upon any lot of land in any town,city or village, then the lien shall be upon such building or otherimprovements, and the lot or land upon which the building or otherimprovements are situated, to secure the payment for the landscapearchitectural, architectural, engineering or land surveying work or serviceso done or performed. For purposes of this section, a corporation engagedin the practice of architecture, engineering, landscape architecture, orland surveying, shall be deemed to be registered if the corporation itselfis registered under the laws of this state to practice architecture,engineering or land surveying.

2. Every mechanic or other person who shall do or perform any work orlabor upon or furnish any material or machinery for the digging of a wellto obtain water under or by virtue of any contract with the owner or lesseethereof, or such owner's or lessee's agent, trustee, contractor orsubcontractor, upon complying with the provisions of sections 429.010 to429.340 shall have for such person's work or labor done, or materials ormachinery furnished, a lien upon the land belonging to such owner orlessee on which the same are situated, to the extent of one acre, to securethe payment of such work or labor done, or materials or machinery furnishedas aforesaid.

3. Every mechanic or other person who shall do or perform any work orlabor upon, or furnish any material, fixtures, engine, boiler or machinery,for the purpose of demolishing or razing a building or structure under orby virtue of any contract with the owner or lessee thereof, or such owner'sor lessee's agent, trustee, contractor or subcontractor, or without acontract if ordered by a city, town, village or county having a charterform of government to abate the conditions that caused a structure on thatproperty to be deemed a dangerous building under local ordinances pursuantto section 67.410, RSMo, upon complying with the provisions of sections429.010 to 429.340, shall have for such person's work or labor done, ormaterials, fixtures, engine, boiler or machinery furnished, a lien upon theland belonging to such owner or lessee on which the same are situated, tothe extent of one acre. If the building or buildings to be demolished orrazed are upon any lot of land in any town, city or village, then the lienshall be upon the lot or lots or land upon which the building or otherimprovements are situated, to secure the payment for the labor andmaterials performed.

4. The provisions of sections 429.030 to 429.060 and sections 429.080to 429.430 applicable to liens of mechanics and other persons shall applyto and govern the procedure with respect to the liens provided for insubsections 1, 2 and 3 of this section.

5. Any design professional or corporation authorized to have lienrights under subsection 1 of this section shall have a lien upon thebuilding or other improvement and upon the land, whether or not actualconstruction of the planned work or improvement has commenced if:

(1) The owner or lessee thereof, or such owner's or lessee's agent ortrustee, contracted for such professional services directly with the designprofessional or corporation asserting the lien; and

(2) The owner or lessee is the owner or lessee of such real propertyeither at the time the contract is made or at the time the lien is filed.

6. Priority between a design professional or corporation lienclaimant and any other mechanic's lien claimant shall be determinedpursuant to the provisions of section 429.260 on a pro rata basis.

7. In any civil action, the owner or lessee may assert defenses whichinclude that the actual construction of the planned work or improvement hasnot been performed in compliance with the professional services contract,is impracticable or is economically infeasible.

8. The agreement is in writing.

(L. 1971 S.B. 217, A.L. 1988 H.B. 1711, A.L. 1989 H.B. 190, et al., A.L. 1990 S.B. 808 & 672, A.L. 1992 H.B. 1434 & 1490, A.L. 1997 S.B. 171)

(1978) Held, that claimant was entitled to mechanics lien for contributing to performance of demolition contract by demolishing and removing debris, although initially called to site for rescue assistance. Marsh v. Allright Missouri, Inc. (A.), 568 S.W.2d 577.

(1992) Statute precludes architectural firm which performs architectural services under a contract while it is unregistered with the board for architects, engineers and land surveyors from having statutory lien for services. Statute requires architectural services to be performed under a contract in order to have enforceable lien. In re Branson Mall, Inc., 970 F.2d 456 (8th Cir.).