HB 595 -- Real Estate Liens

Sponsor:  Schoeller

This bill changes the laws regarding real estate liens.  In its
main provisions, the bill:

(1)  Creates forms to be used, beginning January 1, 2010, for a
conditional and unconditional waiver and release upon progress
payment and a conditional and unconditional waiver and release
upon final payment to execute valid lien waivers;

(2)  Increases to three acres the extent to which registered
architects, engineers, landscape architects, land surveyors, and
corporations who perform work on buildings or land can have a
lien placed on the building or land.  Currently, the extent is
one acre;

(3)  Specifies that attorney fees for actions to enforce liens
must be levied against the property on the lien; and

(4)  Requires a material supplier or any subcontractor to provide
certain notice to a property owner who is the subject of a lien
in order to have the supplier's or subcontractor's award of
attorneys fees secured by the mechanic's lien levied against the
owner's property if the owner conspicuously posts notice
containing certain information about the owner, the owner's
agent, original contractor, and architect.  The original
contractor whose contract is with the owner of the property is
not required to provide notice to the owner to secure attorney
fees.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am