Missouri Revised Statutes
Mo. Rev. Stat. § 431.183 (2026)
Payment contingent upon payment from third party, not a defense to enforcement of lien
✓ current as of May 2026
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431.183. Payment contingent upon payment from third party, not a defense to enforcement of lien. — Any provision in a contract, agreement or understanding that provides that a payment from a contractor to a subcontractor, trade contractor, specialty contractor or supplier is contingent or conditioned upon receipt of a payment from any other private party, including a private owner, is no defense to a claim to enforce a mechanic's lien pursuant to the provisions of chapter 429.
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(L. 1995 S.B. 93)
Notes of Decisions
Cited in 1
case, 1997–1997 · leading case: Wm. R. Clarke Corp. v. Safeco Ins. of Am., 938 P.2d 372 (Cal. 1997).
Wm. R. Clarke Corp. v. Safeco Ins. of Am., 938 P.2d 372 (Cal. 1997). “) The pay if paid provision reads; “Receipt of funds by Contractor from Owner is a condition precedent to the Contractor’s obligation to pay Subcontractor under this Agreement, regardless of the reason for Owner’s nonpayment, whether attributable to the fault of the Owner,…”
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