Whether you鈥檙e a general contractor (GC), subcontractor, or property owner, understanding Missouri lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party鈥檚 right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.
Understanding these nuanced requirements is important for subcontractors to maintain compliance, prevent payment disputes, and protect their financial interests. So grab your hard hat, and let鈥檚 dive into the world of Missouri lien waivers!
鈥�(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
Out of all 50 states, Missouri might have one of the most complicated sets of lien waiver laws. Here鈥檚 why: The state only provides a for unconditional final lien waivers. Yet this doesn鈥檛 mean partial unconditional, partial conditional, and final conditional lien waivers aren鈥檛 allowed here.聽
If you鈥檙e not using the state-outlined form, it鈥檚 important to review every single clause. While lien rights cannot be waived in the contract in Missouri (unless provisions state that lien rights will not be waived until payment is received) or before work begins, it鈥檚 important to protect your lien rights. Request the removal of anything unsavory as you read through the contract.
Some important details for handling Missouri lien waivers:
- Though not mandated by state law, the State of Missouri Office of Administration: Facilities Management, Design & Construction that teams can use for progress payments or final payments. If you鈥檙e not filling out the unconditional final lien waiver form provided by the state, we recommend following one of these forms closely.
- Major penalties await if GCs, subs, and suppliers don鈥檛 follow Missouri lien waiver laws, many of which penalize these parties for improper use. For example, if you鈥檙e paid in full but don鈥檛 submit a written receipt to waive lien rights within five calendar days after receipt, you could be and receive a $500 fine. (Skip to FAQ #5 below for the comprehensive version of this note.)
Missouri outlines a state-mandated form for only.
Both conditional and unconditional lien waivers are accepted in Missouri.
Missouri lien waivers do not need to be notarized (unless requested by the client).
To be considered valid in Missouri, a lien waiver must:聽
- be in writing聽
- be signed by the waiving party
- clearly state the amount being waived and the property to which it applies
- follow the format and content of the (unconditional final lien waivers only)
Lien rights cannot be waived in the contract unless provisions require lien waivers .
Lien rights can be waived prior to payment in Missouri.
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Yes and no鈥擬issouri offers for unconditional final lien waivers only. All other lien waiver subtypes are allowed here, whether conditional or unconditional, progress or final, which can make the process confusing.
Though not mandated by state law, Missouri offers via its Office of Administration: Facilities Management, Design & Construction that can prove helpful.
Missouri lien waivers must follow the state鈥檚 guidelines to be valid and enforceable:
- Unconditional final lien waivers must follow the format and content outlined .
- All other lien waiver subtypes should clearly state the amount being waived and the property to which they apply, and
- They must be signed by the party waiving their lien rights.
If you鈥檙e not providing an unconditional final lien waiver and you鈥檙e wondering where to
start, we recommend using one of the .
Lien waivers in Missouri can be tricky when it comes to timing. Rights to claim a lien or before work begins.
Other than that, parties can exchange lien waivers in Missouri as follows:
- A partial conditional waiver indicates that you will waive your lien rights for that specific portion of the project after the GC pays the noted amount. This should be exchanged when you submit a pay app for a progress payment.
- A partial unconditional waiver should ideally be exchanged after you receive payment for the specified amount, thus allowing you to waive your right to file a lien on this portion of the project. (If you exchange this waiver before being paid for a Missouri construction job, you surrender your primary leverage for securing payment.)
- A final conditional waiver states that you will waive your lien rights for the entire project, only if the GC pays in full. Submit this waiver with the final pay app to signify a project has ended.
- Lastly, a final unconditional waiver should be exchanged after full payment has been received from the GC, including retention and fees. This waives all of your lien rights on the project. (This is the only form outlined .)
For more information on which lien waivers to use and when, check out this comprehensive guide.
In Missouri, parties cannot add lien waiver provisions to the contract鈥攗nless the provisions require a lien waiver as a condition for payment. This essentially means that the waiving party could be supported through a clause that notes a conditional lien waiver will be exchanged. This lien waiver form dictates that lien rights are only waived once payment is received, which is ultimately a good thing for subcontractors as it helps protect their payments.
Missouri outlines a ton of stipulations around waiving lien rights. Unfortunately, the state only provides , meaning parties need to use their own forms for three other types of lien waivers:
- Partial unconditional lien waiver
- Partial conditional lien waiver
- Final conditional lien waiver
This can be tricky because these three forms can include project-specific details and legal terms. To avoid problems, make sure you carefully review every contract clause about lien waivers to ensure you鈥檙e filling out these three forms correctly. We also recommend including the same basic information found in Missouri鈥檚 standard unconditional final lien waiver form, such as claimant name, claimant address, and legal description of the property. Remember鈥擬issouri for these three lien waiver types. You鈥檙e free to use these and make adjustments as needed based on project-specific requirements.
To make matters more complicated, Missouri penalizes subs, suppliers, and GCs if they don鈥檛 handle lien waivers properly. For example, if a claimant records a notice of rights and is paid in full for their work on a property, yet they don鈥檛 exchange a lien waiver within five calendar days after the claimant鈥檚 receipt of a written request to waive lien rights, 鈥渓iable for slander of title and for any damages sustained as a result thereof,鈥� alongside a big fine of $500.
The state also outlines what happens if contractors supply a fraudulent lien waiver. At the beginning of the project, either when the contract is signed, materials are delivered, work begins, or the first invoice is exchanged, every contractor must submit a written in 10-point bold type that discusses what happens if the owner does not pay the GC.
and intends to defraud, they鈥檒l be charged with a class B misdemeanor. Any contractor who issues a fraudulent lien waiver or false affidavit will be charged with a class D felony.
It鈥檚 important to review all of Missouri鈥檚 resources in the next section to a tee, so you can stick to the rules and avoid penalties and fines.
If you鈥檙e in the middle of a dispute over a Missouri lien waiver, start by reviewing the lien waiver and corresponding job contract to understand how it will be interpreted by the Missouri circuit court system. When it cannot be handled directly, consider consulting with a construction law attorney who is familiar with Missouri lien laws.
Understanding Missouri lien waiver laws is the key to getting paid fairly when doing business in the state. Here鈥檚 where to start:
- (covers lien waiver form elements)
- (covers fraudulent lien waivers)
- (covers lien right stipulations)
- (includes form templates for partial and full lien waivers)
- (create an account to view the full list)
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients鈥攚ithout ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who鈥檚 received the form, who鈥檚 opened it, and who has (or hasn鈥檛) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.