Missouri Revised Statutes

Mo. Rev. Stat. § 429.080 (2026)

Lien filed with circuit clerk, when

✓ current as of May 2026

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429.080. Lien filed with circuit clerk, when. — It shall be the duty of every original contractor, every journeyman and day laborer, including persons who use rented machinery or equipment in performing such work or labor, and every other person seeking to obtain the benefit of the provisions of sections 429.010 to 429.340, within six months after the indebtedness shall have accrued, or, with respect to rental equipment or machinery rented to others, then, within sixty days after the date the last of the rental equipment or machinery was last removed from the property, to file with the clerk of the circuit court of the proper county a just and true account of the demand due him or them after all just credits have been given, which is to be a lien upon such building or other improvements, and a true description of the property, or so near as to identify the same, upon which the lien is intended to apply, with the name of the owner or contractor, or both, if known to the person filing the lien, which shall, in all cases, be verified by the oath of himself or some credible person for him.

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(RSMo 1939 § 3551, A.L. 1986 H.B. 942, et al., A.L. 2005 S.B. 320, A.L. 2007 S.B. 302)

Prior revisions: 1929 § 3161; 1919 § 7221; 1909 § 8217

CROSS REFERENCE:

Liens on property, where filed in Kaw township, Jackson County, 478.483

(1953) Supervisor of construction and carpenter employed directly by owners and paid at hourly rate, and supplier of material under contract with owners held original contractors under this section so as to permit filing of account within six months. E. C. Robinson Lumber Co. v. Baugher (A.), 258 S.W.2d 259.

(1954) Lien account of subcontractor stated in a lump sum and not itemized held not sufficient to establish lien against owner. Mississippi Woodworking Co. v. Maher (A.), 273 S.W.2d 753.

(1956) Lien statement or account must be introduced in evidence or otherwise made part of the record before appellate court can consider it as supporting judgment. Wilson v. Berning (A.), 293 S.W.2d 151.

(1962) Lien statement of account of supplier of prefabricated house, under a contract with developer and builder of houses who was the owner of land involved, which stated the lump sum due for "materials for final erection" was sufficient. Wadsworth Homes, Inc. v. Woodridge Corporation (A.), 358 S.W.2d 288.

(1962) It was a question for jury to determine whether contractor who dealt with individual purporting to act for corporation to be formed in future, and for person who held title of tract which corporation was to develop, dealt with owner and was therefore original contractor and entitled to file lien account within six months after indebtedness accrued. Vasquez v. Village Center, Inc. (Mo.), 362 S.W.2d 588.

(1963) Lien statement was sufficient which had attached invoice copies covering each item comprising the demand with a unit price for each item and the total price, as statute does not require itemization of payments made for other materials ordered on the same job. Continental Electric Co. v. Ebco, Inc. (A.), 365 S.W.2d 746.

(1963) The intentional inclusion in lien account filed of nonlienable cash advance of $1900, entered as "advance labor", made the account unjust and untrue and vitiated the entire lien. Putnam v. Heathman (A.), 367 S.W.2d 823.

(1968) The time period for the filing of a mechanic's lien cannot be extended or waived. George F. Robertson Plastering Co. v. Altman (Mo.), 430 S.W.2d 169.

(1972) Lien statement of subcontractor, which commingled unfurnished and nonlienable items with others and was stated in a lump sum, was not "a just and true account" and since subcontractor utterly failed burden to demonstrate that the excessive account resulted from inadvertence and mistake, he was not as matter of law entitled to a lien against the property in any sum and it was error for trial judge to submit the issue to jury. Bremer v. Mohr (A.), 478 S.W.2d 14.

(1977) Held, an amount listed simply as "agreement for extras" which was based on an oral agreement made outside the written contract does not comply with the statutory requirement and will not establish a lien. Malott Electric Co. v. Bryan Enterprises, Inc. (A.), 549 S.W.2d 558.

1977) Held, statement of account which listed invoice numbers was not sufficient to meet statutory requirements even though invoices with itemized information were made available in court. Bernard v. Merrick (A.), 549 S.W.2d 561.

(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.

(1992) Mechanic's lien law is remedial in nature and is to be liberally construed. Although a claimant must substantially comply with the statute in order to secure its benefits, the description of the property need not be letter perfect. When the rights of third parties are not involved, the description need only be sufficient to enable one familiar with the locality to identify the premises intended to be covered by the lien. Breckenridge Material v. Byrnesville Construction Co., Inc., 842 S.W.2d 551 (Mo. App. E.D.).

Notes of Decisions

Cited in 123 cases (2 in the last 5 years), 1953–2023 · leading case: Brentwood Glass Co., Inc. v. Pal's Glass Serv., Inc., Clayco, Inc., Cornerstone VI, LLC, St. Louis Cnty., Nat'l City Bank of the Midwest, N.A., Paul M. Macon, UMB Bank, N.A., & Victor Zarilli, 499 S.W.3d 296 (Mo. 2016).

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Brentwood Glass Co., Inc. v. Pal's Glass Serv., Inc., Clayco, Inc., Cornerstone VI, LLC, St. Louis Cnty., Nat'l City Bank of the Midwest, N.A., Paul M. Macon, UMB Bank, N.A., & Victor Zarilli, 499 S.W.3d 296 (Mo. 2016). · cites it 33× “Brentwood Glass gave notice to Cornerstone and, therefore, fulfilled the statutory requirement to give notice of its intent to file a mechanic’s lien as to Cornerstone’s leasehold interest.”

Am. Prop. Maint. v. Monia, 59 S.W.3d 640 (Mo. Ct. App. 2001). · cites it 26× “First, the Monias argue the trial court erred in entering judgment on the mechanic’s hen claim because KMC failed to file a full statement of the account due as required by Section 429.080 RSMo 1994 3 and failed to file a verified lien statement.”

Mitchell Eng'g Co. v. Summit Realty Co., 647 S.W.2d 130 (Mo. Ct. App. 1982). · cites it 25× “On April 28, 1980, Summit moved for summary judgment on the basis that Mitchell's lien statement lacked sufficient itemization to constitute a just and true account as required by § 429.”

Bob DeGeorge Assocs., Inc. v. Hawthorn Bank, 377 S.W.3d 592 (Mo. 2012). · cites it 12× “70 pursuant to section 429.080, RSMo Supp.2011. 3 One day later, on November 19, 2008, the warranty deed to Xtreme and Hawthorn Bank’s purchase-money deed of trust were recorded.”

United Petroleum Serv., Inc. v. Piatchek, 218 S.W.3d 477 (Mo. Ct. App. 2007). · cites it 9× “Pursuant to section 429.080, RSMo 2005, 2 a mechanic’s hen claimant must file “a just and true account of the demand due” “within six months after the indebtedness shall have accrued.”

Lake Ozark Constr. Indus., Inc. v. Osage Land Co., L.L.C., 168 S.W.3d 471 (Mo. Ct. App. 2005). · cites it 11× “Rather, it alleged that the appellants’ lien statement, as provided in § 429.080, was deficient in that it failed to comply with the mandatory provisions of § 429.”

Collector of Revenue ex rel. Dir. of Collections v. Parcels of Land Encumbered with Delinquent Land Tax Liens, 453 S.W.3d 746 (Mo. 2015). · cites it 13× “Because it is uncontested that, as required under the pertinent provisions of section 429.080, 1 Beemer and Seal-O-Matic had filed their respective mechanic’s liens with the clerk of the Jackson County circuit court, the trial court did not err in setting aside the tax sale due…”

Missouri Land Dev. Specialties, LLC v. Concord Excavating Co., 269 S.W.3d 489 (Mo. Ct. App. 2008). · cites it 6× “Section 429.080 requires, in part, that to obtain a valid hen, a claimant must file a “just and true account” of the demand due the claimant.”

State Ex Rel. Springfield Underground, Inc. v. Sweeney, 102 S.W.3d 7 (Mo. 2003). · cites it 9× “In response, Springfield Underground filed a Motion to Dismiss/Motion for Summary Judgment requesting that Pittsburgh Steel’s petition be dismissed because the Statement of Mechanic’s Lien did not contain a true description of the property upon which the lien was intended to…”

R.K. Matthews Inv., Inc. v. Beulah Mae Hous., LLC, 379 S.W.3d 890 (Mo. Ct. App. 2012). · cites it 9× “Immediately following the above referenced finding, the judgment provides: Moreover, the Court concludes that [RKMI] has failed to comply with Missouri law in that it failed to file a “just and true account” as a part of its lien statement as required by section 429.080, RSMo.…”

Home Bldg. Corp. v. Ventura Corp., 568 S.W.2d 769 (Mo. 1978). · cites it 6× “100 and it was required to file its lien statement within four months after the indebtedness accrued as provided in § 429.080. HBC served no notice on either Ventura or Authority and it filed its lien statement four months and *771 two days after the date on which the…”

Jeff-Cole Quarries, Inc. v. Bell, 454 S.W.2d 5 (Mo. 1970). · cites it 8× “Appellants have briefed these points: (1) that there was no such agency, either actual, implied, or apparent; (2) that a lien was improperly imposed both for the reason just stated above (no agency for the property owners), and the further reason that plaintiff was a…”

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