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Does a GC need to notify subs when the GC is preparing to lien a homeowner?

Hello, we are currently working on a construction project for some very difficult homeowners. There are substance abuse issues that are making communication a nightmare. We are preparing an intent to lien and would like to know is there a specific form that we should send to our subcontractors to let them know that this is our next step ?

1 reply

Oct 16, 2019

A general contractor is not required o notify their subcontractors and suppliers that they will be filing a mechanics lien. Though, that would likely be a helpful step toward keeping in good favor of those parties. After all, if they know you're all in the same boat - not getting paid - and if they know you're doing something about it, they'll be less likely to hold that nonpayment against the GC. Plus, it's generally just a good idea to remain transparent about the payment status of the project at hand. In terms of a particular form - there's not a specific form that I'm aware of for notifying subs and suppliers that a lien will soon be filed. Though, discussing the matter with sub-tier project participants can be a good start, and even providing them with a copy of the Notice of Intent to Lien that's been sent to the owner could help keep everyone on the same page. I hope this was helpful! For more background on Missouri's lien and notice requirements, these resources should be valuable: (1) Missouri Preliminary Notice Guide and FAQs (2) Missouri Mechanics Lien Guide and FAQs

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