HB 925 -- DESIGN PROFESSIONAL MECHANIC'S LIENS

SPONSOR:  Jacob

COMMITTEE ACTION:  Voted "do pass" by the Committee on Civil and
Criminal Law by a vote of 10 to 0.

This bill gives a design professional a lien on the property and
improvements, whether or not construction has commenced, if the
design professional contracted with the owner or proprietor and
that person was owner or proprietor of the property at the time
of the contract or the time the lien was filed.  A notice of
intent to lien must be properly filed within 3 months from the
date of the claimant's last work on the property, with the
recorder of deeds in the county in which the property is
located. The filing fee is $1.00 for each notice filed and
recorded.  No notice of intent to lien need be given if
improvements on the property began within 3 months from the date
the claimant completed work on the property.  Such liens will be
on an equal footing with other mechanic's liens for that
property, and divided pro rata, regardless of their filing dates.

A bona fide purchaser acquiring the property before a notice of
intent to lien is recorded, may take the property free of any
such lien.

The bill also repeals the provision allowing a corporation
engaged in the practices of architecture, engineering, or land
surveying to meet its registration requirement by having a
corporate officer and majority stockholder registered as an
individual.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the bill allows mechanic's lien
rights by architects and engineers to insure payment for
services provided before project completion or construction.

Testifying for the bill were Representative Jacob; Consulting
Engineer Council of Missouri; and Association of Independent
Architects of Missouri.

OPPONENTS:  There was no opposition voiced to the committee.

Michael Warrick, Research Analyst

HB 925 -- Design Professional Mechanic's Liens

Sponsor:  Jacob

This bill gives a design professional a lien on the property and
improvements, whether or not construction has commenced, if the
design professional contracted with the owner or proprietor and
that person was owner or proprietor of the property at the time
of the contract or the time the lien was filed.  A notice of
intent to lien must be properly filed within 3 months from the
date of the claimant's last work on the property, with the
recorder of deeds in the county in which the property is
located. The filing fee is $1.00 for each notice filed and
recorded.  No notice of intent to lien need be given if
improvements on the property began within 3 months from the date
the claimant completed work on the property.  Such liens will be
on an equal footing with other mechanic's liens for that
property, and divided pro rata, regardless of their filing dates.

A bona fide purchaser acquiring the property before a notice of
intent to lien is recorded, may take the property free of any
such lien.

The bill also repeals the provision allowing a corporation
engaged in the practices of architecture, engineering, or land
surveying to meet its registration requirement by having a
corporate officer and majority stockholder registered as an
individual.