429.100. Notification by subcontractors and others. - Missouri Statutes

Notification by subcontractors and others.

429.100. Every person except the original contractor, whomay wish to avail himself of the benefit of the provisions ofsections 429.010 to 429.340, shall give ten days' notice beforethe filing of the lien, as herein required, to the owner, ownersor agent, or either of them, that he holds a claim against suchbuilding or improvement, setting forth the amount and from whomthe same is due. Such notice may be served by any officerauthorized by law to serve process in civil actions, or by anyperson who would be a competent witness. When served by anofficer, his official return endorsed thereon shall be proofthereof, and when served by any other person, the fact of suchservice shall be verified by affidavit of the person so serving.

(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.