FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DIXON.
Read 1st time March 29, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 429.005, RSMo, and to enact in lieu thereof one new section relating to mechanic's liens.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 429.005, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 429.005, to read as follows:
429.005. 1. An agreement by an original contractor, subcontractor, supplier or laborer, or by an original contractor on behalf of a subcontractor, supplier, or laborer to waive any right to enforce or claim any lien authorized under this chapter, where the agreement is in anticipation of and in consideration for the awarding of a contract or subcontract to perform work or supply materials for an improvement upon real property[, whether expressly stated or implied, is against public policy and shall be unenforceable] shall be enforceable. The provisions of this section shall not prohibit subordination or release of a lien authorized under this chapter.
2. Nothing contained in this section shall be construed to prohibit contractual provisions requiring lien waivers as a condition for payment.
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