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

Mo. Rev. Stat. § 429.290 (2026)

Equitable action exclusive of other remedies

✓ current as of May 2026
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  429.290.  Equitable action exclusive of other remedies. — After any such equitable action is commenced, the same shall be exclusive of other remedies for the enforcement of mechanics' liens, but until such action is brought, the other remedies provided for in sections 429.010 to 429.340 shall remain and exist.  And the procedure in any such equitable action, except as herein otherwise provided, shall be governed by the law and rules of procedure in civil actions generally.

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(RSMo 1939 § 3576)

Prior revisions: 1929 § 3186; 1919 § 7246

(1953) Where lien appears of record, the timely filing of a suit to enforce same may be treated as a cross bill to a previously filed equitable lien action and should be consolidated with such action on application or on court's own motion. E.  C. Robinson Lumber Co. v. Baugher (A.), 258 S.W.2d 259.

Notes of Decisions
Cited in 7 cases, 1956–2007 · leading case: State Ex Rel. Clayton Greens Nursing Ctr., Inc. v. Marsh, 634 S.W.2d 462 (Mo. 1982).
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State Ex Rel. Clayton Greens Nursing Ctr., Inc. v. Marsh, 634 S.W.2d 462 (Mo. 1982). · cites it 8× “Section 429.290, RSMo 1978. Consolidation also obviates races to the courthouse for the purpose of obtaining priorities which the equitable mechanic's lien statute is intended to prevent.”
State Ex Rel. Power Process Piping, Inc. v. Dalton, 681 S.W.2d 514 (Mo. Ct. App. 1984). · cites it 6× “1978 states “The equitable action above provided for shall be brought in the proper court of record regardless of the amount claimed by the plaintiff or plaintiffs in such action, and all other suits that may have been brought on any mechanic’s lien claim or demand shall be…”
Mabin Constr. Co. v. Historic Constructors, Inc., 851 S.W.2d 98 (Mo. Ct. App. 1993). · cites it 3× “*100 Section 429.290, RSMo 1986, 4 provides that after an equitable mechanic’s lien action is commenced, this action is exclusive of other remedies for the enforcement of mechanics’ liens.”
George Weis Co. v. Stratum Design-Build, Inc., 227 S.W.3d 486 (Mo. 2007). · cites it 2× “Section 429.290 warns that once such an equitable action is brought, it “shall be exclusive of other remedies for the enforcement of mechanics’ liens.”
Dierks & Sons Lumber Co. v. McSorley, 289 S.W.2d 164 (Mo. Ct. App. 1956). · cites it 2× “Section 429.290 provides that when such equitable action is commenced it shall be exclusive of all other remedies for the enforcement of mechanics’ liens, but that until such action is brought, the other remedies shall remain and exist.”
Boyer Lumber, Inc. v. Blair, 510 S.W.2d 738 (Mo. Ct. App. 1974). “§ 429.290. The other legal actions are stayed.”
Drywall Interior Sys. Constr., Inc. v. Ladue Bldg. & Eng'g Corp., 857 S.W.2d 523 (Mo. Ct. App. 1993). “DISC was aware of an equitable mechanic’s lien action filed pursuant to Sections 429.290 and 429.300 RSMo 1986 involving the real estate which was the subject of its contract, but failed to intervene.”
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