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Can we file mechanics lien without clients signature but with other documentation?

I provided client with a bid/scope of work and he agreed to all work. Work was performed completely. We addressed some concerned he had and mentioned he could contact us if he had any other concerns. He had no additional concerns. We sent bill and he refuses to pay saying he isn’t happy with work. We have offered on several occasions to come out and address concerns. He states he doesn’t want this and will not be paying full price. We failed to get a signed copy back of the bid/scope of work. However we have several texts from him demonstrating our agreement and work order changes ,etc. as well as texts demonstrating our desire to address his concerns. Can we file a mechanics lien? He has paid absolutely nothing towards the invoiced work.

1 reply

Aug 5, 2020

Missouri's mechanics lien statute doesn't explicitly require that a direct contractor have a written contract for mechanics lien rights to be available. However, the contractor must generally send a Disclosure Notice in order to preserve their right to file a lien - and, that's often included directly in the written contract. If the Disclosure Notice wasn't properly sent, then that would render mechanics lien rights unavailable, under § 429.012(2) of Missouri's mechanics lien statute. If the notice was properly given and if mechanics liens are on the table, then these resources should be really useful: (1) Missouri Mechanics Lien Guide and FAQs; and (2) How to File a Missouri Mechanics Lien. What's more, keep in mind that the mere threat of a lien claim can be effective too - even if direct contractors aren't required to send them in Missouri. More on that here: What is A Notice of Intent to Lien And Should I Send One?

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