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Lien deadlines · Missouri

Missouri mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

For every role on any project, Missouri's lien filing deadline reads: Within six months after the indebtedness shall have accrued (Mo. Rev. Stat. § 429.080). The deadline to sue is 6 months after the lien is filed (§ 429.170). For subcontractors, sub-subcontractors, suppliers and laborers, the notice to the owner before filing reads: Ten days' notice before the filing of the lien (§ 429.100).

Missouri · Lien deadlinesVerified 2026-10-02
Lien filing
Within six months after the indebtedness shall have accrued
Preliminary notice
Direct contractor: Prior to receiving payment in any form of any kind from the person with whom the contract is made, or the owner if there is no contract, (a) either at the time of the execution of the contract, (b) when the materials are delivered, (c) when the work is commenced, or (d) delivered with first invoice; For a mechanic's lien asserted against residential real property, as section 429.016 defines it, other than a lien for the repair, remodeling, or addition to owner-occupied residential property of four units or less, where the owner has recorded a notice of intended sale: A notice of rights recorded not less than five calendar days prior to the intended date of closing stated in a notice of intended sale
Deadline to sue
6 months after the lien is filed
Statute
Mo. Rev. Stat. §§ 429.010 to 429.340

Preliminary notice

WhoProject typeBranchDeadlineStatute
Direct contractorAnyDefaultPrior to receiving payment in any form of any kind from the person with whom the contract is made, or the owner if there is no contract, (a) either at the time of the execution of the contract, (b) when the materials are delivered, (c) when the work is commenced, or (d) delivered with first invoiceStatute: Mo. Rev. Stat. § 429.012.1; Mo. Rev. Stat. § 429.012.2
What the statute says about it. Compliance is a condition precedent to the creation, existence or validity of any mechanic's lien in favor of the original contractor. Recipients: The person with whom the contract is made, or the owner if there is no contract. Delivery: A written notice including the disclosure language section 429.012 sets, in ten-point bold type.
Direct contractorAnyFor new residences for which the buyer has been furnished coverage against mechanics' and suppliers' liens through a title insurance company registered in the state of MissouriNone requiredStatute: Mo. Rev. Stat. § 429.012.4
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyFor a mechanic's lien asserted against residential real property, as section 429.016 defines it, other than a lien for the repair, remodeling, or addition to owner-occupied residential property of four units or less, where the owner has recorded a notice of intended saleA notice of rights recorded not less than five calendar days prior to the intended date of closing stated in a notice of intended saleStatute: Mo. Rev. Stat. § 429.016.1; Mo. Rev. Stat. § 429.016.3; Mo. Rev. Stat. § 429.016.6; Mo. Rev. Stat. § 429.016.11(1)
What the statute says about it. A claimant that fails to record the notice of rights is deemed to waive and forfeit any right to assert a mechanic's lien against the property.
1. Every original contractor, who shall do or perform any work or labor upon, or furnish any material, fixtures, engine, boiler or machinery for any building, erection or improvements upon land, or for repairing the same, under or by virtue of any contract, or without a contract if ordered by a city, town, village or county having a charter form of government to abate the conditions that caused a structure on that property to be deemed a dangerous building under local ordinances pursuant to section 67.410, shall provide to the person with whom the contract is made or to the owner if there is no contract, prior to receiving payment in any form of any kind from such person, (a) either at the time of the execution of the contract, (b) when the materials are delivered, (c) when the work is commenced, or (d) delivered with first invoice, a written notice which shall include the following disclosure language in ten-point bold type:
Mo. Rev. Stat. § 429.012.1 · Official text · retrieved 2026-10-02
2. Compliance with subsection 1 of this section shall be a condition precedent to the creation, existence or validity of any mechanic's lien in favor of such original contractor.
Mo. Rev. Stat. § 429.012.2 · Official text · retrieved 2026-10-02
4. The provisions of subsections 1 and 2 of this section shall not apply to new residences for which the buyer has been furnished mechanics' and suppliers' lien protection through a title insurance company registered in the state of Missouri.
Mo. Rev. Stat. § 429.012.4 · Official text · retrieved 2026-10-02
1. The provisions of this section shall only apply to mechanic's liens asserted against residential real property, other than mechanic's liens for the repair, remodeling, or addition to owner-occupied residential property of four units or less which are governed by section 429.013 and other applicable sections of this chapter.
Mo. Rev. Stat. § 429.016.1 · Official text · retrieved 2026-10-02
3. Any person or entity, hereinafter referred to as claimant, who seeks to retain the right to assert a mechanic's lien against residential real property, hereinafter referred to as property, shall record a notice of rights in the office of the recorder of deeds for the county in which the property is located, not less than five calendar days prior to the intended date of closing stated in a notice of intended sale as contemplated in this section.
Mo. Rev. Stat. § 429.016.3 · Official text · retrieved 2026-10-02
6. Any claimant that fails to record such notice of rights shall be deemed to waive and forfeit any right to assert a mechanic's lien against such property.
Mo. Rev. Stat. § 429.016.6 · Official text · retrieved 2026-10-02
The owner's, or its designated agent's, recording of a notice of intended sale as to the subject property, as contemplated herein, is a condition precedent to a claimant's obligation to record a notice of rights as to the subject property in order to retain a claimant's mechanic's lien rights as to such property.
Mo. Rev. Stat. § 429.016.11(1) · Official text · retrieved 2026-10-02

Notice of intent

WhoProject typeBranchDeadlineStatute
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultTen days' notice before the filing of the lienStatute: Mo. Rev. Stat. § 429.100
What the statute says about it. Recipients: The owner, owners or agent, or either of them. Delivery: Served by any officer authorized by law to serve process in civil actions, or by any person who would be a competent witness.
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyFor a mechanic's lien asserted against residential real property under section 429.016, other than a lien for the repair, remodeling, or addition to owner-occupied residential property of four units or lessNone requiredStatute: Mo. Rev. Stat. § 429.016.1; Mo. Rev. Stat. § 429.016.14
Every person except the original contractor, who may wish to avail himself of the benefit of the provisions of sections 429.010 to 429.340, shall give ten days' notice before the filing of the lien, as herein required, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due.
Mo. Rev. Stat. § 429.100 · Official text · retrieved 2026-10-02
Such notice may be served by any officer authorized by law to serve process in civil actions, or by any person who would be a competent witness.
Mo. Rev. Stat. § 429.100 · Official text · retrieved 2026-10-02
1. The provisions of this section shall only apply to mechanic's liens asserted against residential real property, other than mechanic's liens for the repair, remodeling, or addition to owner-occupied residential property of four units or less which are governed by section 429.013 and other applicable sections of this chapter.
Mo. Rev. Stat. § 429.016.1 · Official text · retrieved 2026-10-02
14. The claimant shall not be required to provide the notice required under section 429.100, but compliance with the requirements of this section shall not relieve the claimant of its duty to comply with all other applicable sections of this chapter, except as specifically modified herein, in order to preserve, assert, and enforce its mechanic's lien rights.
Mo. Rev. Stat. § 429.016.14 · Official text · retrieved 2026-10-02

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultWithin six months after the indebtedness shall have accruedStatute: Mo. Rev. Stat. § 429.080
It shall be the duty of every original contractor, every journeyman and day laborer, including persons who use rented machinery or equipment in performing such work or labor, and every other person seeking to obtain the benefit of the provisions of sections 429.010 to 429.340, within six months after the indebtedness shall have accrued, or, with respect to rental equipment or machinery rented to others, then, within sixty days after the date the last of the rental equipment or machinery was last removed from the property, to file with the clerk of the circuit court of the proper county a just and true account of the demand due him or them after all just credits have been given, which is to be a lien upon such building or other improvements, and a true description of the property, or so near as to identify the same, upon which the lien is intended to apply, with the name of the owner or contractor, or both, if known to the person filing the lien, which shall, in all cases, be verified by the oath of himself or some credible person for him.
Mo. Rev. Stat. § 429.080 · Official text · retrieved 2026-10-02

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault6 months after the lien is filedStatute: Mo. Rev. Stat. § 429.170
What the statute says about it. No lien continues to exist under these sections for more than six months after it is filed unless an action is instituted on it within that time.
All actions under sections 429.010 to 429.340 shall be commenced within six months after filing the lien, and prosecuted without unnecessary delay to final judgment; and no lien shall continue to exist by virtue of the provisions of said sections, for more than six months after the lien shall be filed, unless within that time an action shall be instituted thereon, as herein prescribed.
Mo. Rev. Stat. § 429.170 · Official text · retrieved 2026-10-02

Notice of commencement and completion

An owner of residential real property who has contracted for work to facilitate its sale records a notice of intended sale not less than forty-five calendar days before the earliest date the owner intends to close. Recording a notice of rights does not extend the time for filing a mechanic's lien under section 429.080.

(1) If the record title owner of residential real property, hereinafter the owner, has contracted with a claimant for the performance or provision of work, labor, or materials for the improvement of such property in order to facilitate the owner's sale of such property to a bona fide purchaser for value as contemplated in this section, then the owner or such owner's designated agent shall record a notice of intended sale in the office of the recorder of deeds for the county in which the property is located.
Mo. Rev. Stat. § 429.016.11(1) · Official text · retrieved 2026-10-02
The notice of intended sale shall be recorded not less than forty-five calendar days prior to the earliest calendar date the owner intends to close on the sale of such property to such purchaser.
Mo. Rev. Stat. § 429.016.11(1) · Official text · retrieved 2026-10-02
12. The recording of a notice of rights shall not extend the time for filing a mechanic's lien as provided under section 429.080.
Mo. Rev. Stat. § 429.016.12 · Official text · retrieved 2026-10-02

Residential projects

For the repair or remodeling of, or addition to, owner-occupied residential property of four units or less, no one other than an original contractor has a lien unless a copy of a consent of owner, in the form section 429.013 sets and signed by an owner, is attached to the recording of the claim of lien. Without that consent, full payment to the contractor is a complete defense to those liens.

1. The provisions of this section shall apply only to the repair or remodeling of or addition to owner-occupied residential property of four units or less.
Mo. Rev. Stat. § 429.013.1 · Official text · retrieved 2026-10-02
It shall be a condition precedent to the creation, existence or validity of any lien by anyone other than an original contractor that a copy of a consent in the form prescribed in subsection 2 of this section, signed by an owner, be attached to the recording of a claim of lien.
Mo. Rev. Stat. § 429.013.3 · Official text · retrieved 2026-10-02
4. In the absence of a consent described in subsection 2 of this section, full payment of the amount due under a contract to the contractor shall be a complete defense to all liens filed by any person performing work or labor or furnishing material, fixtures, engines, boilers or machinery.
Mo. Rev. Stat. § 429.013.4 · Official text · retrieved 2026-10-02

How the days are counted

The day of the event is not counted, and the last day of the period is.

1. In computing any period of time prescribed or allowed by this code, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.
Mo. Rev. Stat. § 506.060.1 · Official text · retrieved 2026-10-02
The time within which an act is to be done shall be computed by excluding the first day and including the last.
Mo. Rev. Stat. § 1.040 · Official text · retrieved 2026-10-02

A last day that falls on a Saturday, a Sunday or a legal holiday moves to the next day that is not one.

The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday.
Mo. Rev. Stat. § 506.060.1 · Official text · retrieved 2026-10-02

Who the deadlines apply to

Every rule on this page is listed for any project type. The lien filing [4] and the deadline to sue [5] each name all five roles: the direct contractor, the subcontractor, the sub-subcontractor, the supplier and the laborer. Section 429.080 reaches "every original contractor, every journeyman and day laborer" and every other person seeking the benefit of §§ 429.010 to 429.340 [4].

The earlier notices split the roles. Section 429.012 names the direct contractor alone [1]. Section 429.100 covers every person except the original contractor, so its rows name the other four roles [3].

How the periods run

The original contractor's notice. The direct contractor's written notice is tied to receiving payment, not to a counted period, and the table shows its full label [1]. Under § 429.012.2, compliance is a condition precedent to the creation, existence or validity of any mechanic's lien in favor of the original contractor [1]. For new residences for which the buyer has been furnished coverage against mechanics' and suppliers' liens through a title insurance company registered in the state of Missouri, that row reads None required [1].

Notice before filing. The other four roles give Ten days' notice before the filing of the lien [3]. It counts back from a filing, so the calculator draws no date for it.

Lien filing. The "just and true account" is filed with the circuit clerk Within six months after the indebtedness shall have accrued [4]. That event is not a calculator input, so no date is drawn.

Suit. The period 6 months after the lien is filed [5] runs from the filing. Section 429.170 adds that no lien continues to exist for more than six months after it is filed unless an action is instituted on it within that time [5].

The notice of intended sale

An owner of residential real property who has contracted for work to facilitate its sale records a notice of intended sale not less than forty-five calendar days before the earliest date the owner intends to close [2]. Recording a notice of rights does not extend the time for filing a mechanic's lien under § 429.080 [2].

How residential work is treated

For a mechanic's lien asserted against residential real property, as section 429.016 defines it, other than a lien for the repair, remodeling, or addition to owner-occupied residential property of four units or less, where the owner has recorded a notice of intended sale, a rule naming all five roles reads A notice of rights recorded not less than five calendar days prior to the intended date of closing stated in a notice of intended sale [2]. A claimant that fails to record it is deemed to waive and forfeit any right to assert a mechanic's lien against the property [2].

For a mechanic's lien asserted against residential real property under section 429.016, other than a lien for the repair, remodeling, or addition to owner-occupied residential property of four units or less, the notice before filing reads None required [2].

The excluded owner-occupied work falls under § 429.013, where a lien by anyone other than an original contractor depends on a signed consent of owner attached to the recording of the claim of lien [6].

Counting the days

Sections 506.060.1 and 1.040 leave out the first day and count the last [7] [8]. Under § 506.060.1, a last day on a Saturday, a Sunday or a legal holiday carries the period to the end of the next day that is none of those, at every stage here [7]. Section 9.010 declares public holidays and treats the Monday after one falling on a Sunday as the holiday [9].

What changed recently

Sections 429.012 and 429.013 were amended by 2014 S.B. 491, effective January 1, 2017 [1] [6]. Section 429.080 was last amended by 2007 S.B. 302 [4], § 429.016 was enacted by 2010 H.B. 1692 [2], and § 429.170 was last amended in 1959 [5].

Related

Run the numbers for Missouri

Lien deadlines: other states

Sources

  1. Mo. Rev. Stat. § 429.012, Missouri Revisor of Statutes (retrieved 2026-10-02)
  2. Mo. Rev. Stat. § 429.016, Missouri Revisor of Statutes (retrieved 2026-10-02)
  3. Mo. Rev. Stat. § 429.100, Missouri Revisor of Statutes (retrieved 2026-10-02)
  4. Mo. Rev. Stat. § 429.080, Missouri Revisor of Statutes (retrieved 2026-10-02)
  5. Mo. Rev. Stat. § 429.170, Missouri Revisor of Statutes (retrieved 2026-10-02)
  6. Mo. Rev. Stat. § 429.013, Missouri Revisor of Statutes (retrieved 2026-10-02)
  7. Mo. Rev. Stat. § 506.060, Missouri Revisor of Statutes (retrieved 2026-10-02)
  8. Mo. Rev. Stat. § 1.040, Missouri Revisor of Statutes (retrieved 2026-10-02)
  9. Mo. Rev. Stat. § 9.010, Missouri Revisor of Statutes (retrieved 2026-10-02)

Changelog

  1. : Page published.
  2. : 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
  3. : 10 more jurisdictions published: Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi and Missouri.
  4. : Dataset first published: 9 of 51 jurisdictions published.