Owner's Consent to Mechanic's Lien Filing

When working on owner-occupied residential projects, contractors other than the main contractor need to ensure that the owner has provided consent for a lien filing if the bill goes unpaid. In Missouri, these individuals can use a Consent by Owner form to fulfill this requirement.

Request that the owner completes the consent form when working on the repair or remodeling of or an addition to an owner-occupied residential property of four units or less. R.S.M.O 429.013. This document identifies the parties, the project, and the property, and must be signed in the presence of a notary.

Record the completed consent form, because otherwise, no person other than the original contractor, who performed any work or labor or furnished any materials is eligible to claim a lien on the same job unless an owner of the building or structure, pursuant to a written contract, has agreed to be liable for such costs in the event that the costs are not paid. R.S.M.O 429.013(2). The consent form takes care of that issue.

In addition, every original contractor must retain a copy of the notice and any consent signed by an owner, and shall furnish a copy to any eligible person upon his request. R.S.M.O 429.013(3).

This form is important because it protects the interests of valid claimants other than the primary contractor. Without it, full payment of the amount due under a contract to the contractor is a complete defense to all liens filed by any person performing work or furnishing materials. R.S.M.O 429.013(4). Partial payment to the contractor shall only act as an offset to the extent of such payment. Id.

Any person falsifying the signature of an owner, with intent to defraud, in the consent of owner shall be guilty of a class D felony. R.S.M.O 429.013(5). Any original contractor who knowingly issues a fraudulent consent of owner shall be guilty of a class D felony. Id.

This article is provided for informational purposes only and should not be considered legal advice or relied upon as a substitute for speaking with a legal professional. If you have any questions about obtaining an owner's consent to file a lien, or other issues related to liens in Missouri, please speak with a qualified attorney.

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