Mo. Rev. Stat. » Chapter 429
Missouri Revised Statutes

Mo. Rev. Stat. § 429.100 (2026)

Notification by subcontractors and others

✓ current as of May 2026
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  429.100.  Notification by subcontractors and others. — Every person except the original contractor, who may wish to avail himself of the benefit of the provisions of sections 429.010 to 429.340, shall give ten days' notice before the filing of the lien, as herein required, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due.  Such notice may be served by any officer authorized by law to serve process in civil actions, or by any person who would be a competent witness.  When served by an officer, his official return endorsed thereon shall be proof thereof, and when served by any other person, the fact of such service shall be verified by affidavit of the person so serving.

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(RSMo 1939 § 3565)

Prior revisions: 1929 § 3175; 1919 § 7235; 1909 § 8231

(1964) The ten-day notice provision of this section does not reduce the four-month provision of 429.080 to a lesser period of time. Continental Casualty Co. v. Allsop Lumber Co., 336 F.2d 445.

(1975) "Original contractor" is one who contracts to furnish labor or materials with the then owner of the property. J.R.  Meade Co. v. Forward Const. Co. (A.), 526 S.W.2d 21.

(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.

Notes of Decisions
Cited in 46 cases (1 in the last 5 years), 1954–2023 · leading case: BCI Corp. v. Charlebois Constr. Co., 673 S.W.2d 774 (Mo. 1984).
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BCI Corp. v. Charlebois Constr. Co., 673 S.W.2d 774 (Mo. 1984). · cites it 54× “The respondent apparently contends that the ten-day requirement of § 429.100, RSMo 1978 exists for the benefit of persons in addition to the owner of the real estate sought to be charged with the lien, and should be applied to a laborer hired directly by the owner, in order that…”
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 8× “A Under section 429.100, a party must provide timely notice of its intent to file a mechanic’s lien to the owner of the property or the owner’s agent as a condition precedent to creating a valid lien: 8 Every person except the original contractor, who may wish to avail himself…”
Dave Kolb Grading, Inc. v. Lieberman Corp., 837 S.W.2d 924 (Mo. Ct. App. 1992). · cites it 10× “Section 429.100, RSMo (1986) requires that “[ejvery person except the original contractor .”
Bullmaster v. Krueger, 151 S.W.3d 380 (Mo. Ct. App. 2004). · cites it 15× “Bullmaster failed to give notice to the property owner, as required by section 429.100, RSMo 2000, 2 and in entering judgment awarding the interpled funds to Mr.”
Rufkahr Constr. Co. v. Weber, 658 S.W.2d 489 (Mo. Ct. App. 1983). · cites it 8× “Fifth, they contend that a mechanic's lien in favor of intervenor-respondent Stephenson is invalid because Stephenson failed to serve appellants as owners with a ten day written notice of intent to file a mechanic's lien as required by § 429.100 RSMo. 1978. Respondent Rufkahr…”
Karrenbrock Constr., Inc. v. Saab Auto Sales & Leasing, Inc., 540 S.W.3d 899 (Mo. Ct. App. 2018). · cites it 6× “On January 20, 2014, Respondents sent Appellant the subcontractor lien notices required by § 429.100. On February 10, 2014, Respondents filed mechanic's liens against Appellant's property to secure payment for their work under the contracts.”
Midwest Crane & Rigging, Inc. v. Custom Relocation's Inc., 250 S.W.3d 757 (Mo. Ct. App. 2008). · cites it 10× “CBC filed an answer and a motion for summary judgment, asserting that, because Bordner is not the owner of the property, service on that party was insufficient to satisfy section 429.100, 1 which requires ten day’s notice of intent to file a lien.”
River City Drywall, Inc. v. Raleigh Props., Inc., 341 S.W.3d 716 (Mo. Ct. App. 2011). · cites it 22× “In this mechanic’s lien case, we are presented with the question of whether lien claimants performed their work as original contractors or whether they were subcontractors, such that they then had to provide the ten-day notice required under Section 429.100. The trial court held…”
Glenstone Block Co. v. Pebworth, 264 S.W.3d 703 (Mo. Ct. App. 2008). · cites it 4× “On November 26, 2001, Respondent gave written notice of its intention to file a mechanic’s lien per section 429.100 4 to Parkview’s registered agent.”
Structo Corp. v. Leverage Inv. Enter., Ltd., 613 S.W.2d 197 (Mo. Ct. App. 1981). · cites it 4× “The terms of § 429.100 impose upon a subcontractor the condition of notice to the.”
Sentinel Woodtreating, Inc. v. Cascade Dev. Corp., 599 S.W.2d 268 (Mo. Ct. App. 1980). · cites it 5× “Section 429.100, RSMo.1969, provides that one other than an original contractor must give ten days notice before filing a mechanic’s lien to the owner “that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due”.”
Morgan Wightman Supply Co. v. Smith, 764 S.W.2d 485 (Mo. Ct. App. 1989). · cites it 5× “On May 13, 1986, Kaplan served the Owners with the notice of lien-filing required of subcontractors by § 429.100 RSMo 1986. 1 Two weeks later, Kaplan filed its mechanic's lien with the Warren County Circuit Clerk.”
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