Is a verbal agreement allowed to have a lien waiver and if so the party owing the money even though a verbal agreement was made loves the work but not the price tag now is this a small clams case
1 reply
Nov 19, 2019
Missouri has strict lien waiver rules, unlike most states. For a Missouri lien waiver to be effective, that waiver must be in the form created by statute. Plus, lien rights cannot be waived in anticipation of the work - only after the work has been performed. So, any verbal agreement that lien rights will be waived will not be effective in Missouri. More on Missouri lien waivers here: Missouri Lien Waivers Guide and FAQs.
As for whether a Missouri lien claimant needs a written contract in order to file a mechanics lien, the answer to that question is generally "no." Missouri mechanics lien claimants hired directly by the property owner generally do not need to have a written contract in order to file a mechanics lien.
Subcontractors, suppliers, and other claimants who are hired by someone other than the owner won't need a written contract either - but on owner-occupied residential jobs, there must exist a signed and written "Consent of Owner" document (between the owner and general contractor) in order to file a mechanics lien.
You can learn more about Missouri mechanics lien rights here: Missouri Mechanics Lien Guide and FAQs.