429.012. Original contractor to have lien, when — requirements, failure to provide notice, penalty, exception — agents, insurance companies or escrow, accepting fraudulent lien waiver or false affidavit for gain, penalty. — 1. Every original contractor, who shall do or perform any work or labor upon, or furnish any material, fixtures, engine, boiler or machinery for any building, erection or improvements upon land, or for repairing the same, under or by virtue of any contract, or without a contract if ordered by a city, town, village or county having a charter form of government to abate the conditions that caused a structure on that property to be deemed a dangerous building under local ordinances pursuant to section 67.410, shall provide to the person with whom the contract is made or to the owner if there is no contract, prior to receiving payment in any form of any kind from such person, (a) either at the time of the execution of the contract, (b) when the materials are delivered, (c) when the work is commenced, or (d) delivered with first invoice, a written notice which shall include the following disclosure language in ten-point bold type:
NOTICE TO OWNER
FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.
2. Compliance with subsection 1 of this section shall be a condition precedent to the creation, existence or validity of any mechanic's lien in favor of such original contractor.
3. Any original contractor who fails to provide the written notice set out in subsection 1 of this section, with intent to defraud, shall be guilty of a class B misdemeanor and any contractor who knowingly issues a fraudulent lien waiver or a false affidavit shall be guilty of a class D felony.
4. The provisions of subsections 1 and 2 of this section shall not apply to new residences for which the buyer has been furnished mechanics' and suppliers' lien protection through a title insurance company registered in the state of Missouri.
5. Any settlement agent, including but not limited to any title insurance company, title insurance agency, title insurance agent or escrow agent who knowingly accepts, with intent to defraud, a fraudulent lien waiver or a false affidavit shall be guilty of a class D felony if the acceptance of the fraudulent lien waiver or false affidavit results in a matter of financial gain to:
(1) The settlement agent or to its officer, director or employee other than a financial gain from the charges regularly made in the course of its business;
(2) A person related as closely as the fourth degree of consanguinity to the settlement agent or to an officer, director or employee of the settlement agent;
(3) A spouse of the settlement agent, officer, director or employee of the settlement agent; or
(4) A person related as closely as the fourth degree of consanguinity to the spouse of the settlement agent, officer, director or employee of the settlement agent.
Notes of Decisions
BCI Corp. v. Charlebois Constr. Co., 673 S.W.2d 774 (Mo. 1984).
· cites it 68× “The owner was therefore within the class of persons within the protection of § 429.012, RSMo 1978. The case has no application to the situation before us, in which the appellant sought to recover solely for his own labor.”
Bellon Wrecking & Salvage Co. v. Rohlfing, 81 S.W.3d 703 (Mo. Ct. App. 2002).
· cites it 28× “yment has been made, the balance due remains unpaid, after all just credits have been allowed;” (3) on August 13, 1999, within six months after “said account accrued,” appellant “filed its Mechanic’s Lien account in the Office of the Clerk of this Circuit Court, all as required…”
Mitchell Eng'g Co. v. Summit Realty Co., 647 S.W.2d 130 (Mo. Ct. App. 1982).
· cites it 14× “Five points are presented, which in summary charge the trial court with error because (1) Mitchell's petition failed to state a cause of action because it, in turn, failed to allege compliance with § 429.012, RSMo 1978, which constitutes a condition precedent to the creation,…”
Rufkahr Constr. Co. v. Weber, 658 S.W.2d 489 (Mo. Ct. App. 1983).
· cites it 18× “Where, as here, the contract documents do not indicate that the owners, the Webers, knew either of the possibility that laborers and suppliers might remain who were unpaid or that they were entitled to the statutory notice, an implication that the owners had designated the…”
Dave Kolb Grading, Inc. v. Lieberman Corp., 837 S.W.2d 924 (Mo. Ct. App. 1992).
· cites it 9× “Section 429.012, RSMo (1986) sets forth the notice requirements which are a condition precedent to the validity of any mechanic’s lien in favor of an original contractor.”
Structo Corp. v. Leverage Inv. Enter., Ltd., 613 S.W.2d 197 (Mo. Ct. App. 1981).
· cites it 10× “A fact stipulated was that the written Notice to the Owner from an original contractor precedent to a valid mechanic’s lien under § 429.012, Laws 1974, was never given by Structo to Leverage Investment, or the trustee under the deeds of trust, or to mortgagee Diversified, or to…”
Landmark Sys. v. Delmar Redevelopment, 900 S.W.2d 258 (Mo. Ct. App. 1995).
· cites it 13× “The trial court awarded judgment in favor of Taco Bell on the ground Landmark had not complied with the notice provisions of § 429.012 RSMo 1986 and found Taco Bell had not been unjustly enriched.”
Morgan Wightman Supply Co. v. Smith, 764 S.W.2d 485 (Mo. Ct. App. 1989).
· cites it 13× “Commerce contends Kaplan is an original contractor, and, as such, Commerce contends Kaplan failed to give the notice to the Owners required' of original contractors by § 429.012. This failure, Commerce argues, precluded the “creation, existence or validity” of a lien in Kaplan’s…”
Winters Excavating, Inc. v. Wildwood Dev., L.L.C., 341 S.W.3d 785 (Mo. Ct. App. 2011).
· cites it 16× “The reverse side of the invoices contained the terms and conditions of payment and the requisite statutory lien notice pursuant to section 429.012. 4 Invoices submitted by Winters prior to this time did not contain this notice, and all such invoices had been paid.”
Karrenbrock Constr., Inc. v. Saab Auto Sales & Leasing, Inc., 540 S.W.3d 899 (Mo. Ct. App. 2018).
· cites it 8× “Appellant's sole point on appeal is that the trial court did not have subject matter jurisdiction 1 to enforce the mechanic's liens because Respondents were original contractors and neither pleaded nor provided evidence that the original contractor notice required by § 429.012 2…”
Overberg Decorating Ctr., Inc. v. Selbah Props., 741 S.W.2d 879 (Mo. Ct. App. 1987).
· cites it 12× “As a condition precedent to the validity of a mechanic’s lien, RSMo § 429.012 requires an original contractor to provide the owner with the following written notice with or prior to the first invoice: NOTICE TO OWNER FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING…”
Norman v. Ballentine, 627 S.W.2d 83 (Mo. Ct. App. 1981).
· cites it 7× “The first issue presented by Sharon is whether Roy complied with § 429.012(1), R.S.Mo Cum.Sup.1975, which requires a contractor to provide written notice to a landowner of the possibility that subcontractors may assert a lien on the land should the contractor fail to pay them.”
— Mo. Rev. Stat. § 429.012(1) — 2 cases
Rufkahr Constr. Co. v. Weber, 658 S.W.2d 489 (Mo. Ct. App. 1983).
“Where, as here, the contract documents do not indicate that the owners, the Webers, knew either of the possibility that laborers and suppliers might remain who were unpaid or that they were entitled to the statutory notice, an implication that the owners had designated the…”
Norman v. Ballentine, 627 S.W.2d 83 (Mo. Ct. App. 1981).
“The first issue presented by Sharon is whether Roy complied with § 429.012(1), R.S.Mo Cum.Sup.1975, which requires a contractor to provide written notice to a landowner of the possibility that subcontractors may assert a lien on the land should the contractor fail to pay them.”
— Mo. Rev. Stat. § 429.012(2) — 1 case
Norman v. Ballentine, 627 S.W.2d 83 (Mo. Ct. App. 1981).
“The first issue presented by Sharon is whether Roy complied with § 429.012(1), R.S.Mo Cum.Sup.1975, which requires a contractor to provide written notice to a landowner of the possibility that subcontractors may assert a lien on the land should the contractor fail to pay them.”
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