A lien waiver form in Missouri is a crucial document used in construction projects to waive your right to file a mechanics lien once payment has been received. As a subcontractor or supplier, understanding Missouri lien waivers ensures you protect your right to payment while complying with state laws.
This article will cover everything you need to know about MO lien waivers, including the types of lien waivers, the proper forms to use, and essential details about the notice requirements if a property owner posts one at the job site.
Types of Lien Waivers in Missouri
Missouri law (House Bill No. 595) outlines two main types of lien waivers for construction projects:
Conditional Lien Waivers: Used when you expect payment but haven’t received it yet. It becomes effective once the payment clears.
- Conditional Waiver on Progress Payment MO: Releases lien rights only after a progress payment has been finalized.
- Conditional Waiver on Final Payment MO: This applies when the final payment for the project is expected and waives lien rights once the total amount is received.
Unconditional Lien Waivers: These waivers are used after you’ve already received payment, waiving lien rights immediately.
- Unconditional Waiver on Progress Payment MO: Releases lien rights for a progress payment after you’ve been paid.
- Full and Final Unconditional Lien Waiver Missouri: Waives all lien rights once the final payment is made, except for any noted disputes.
Both Missouri mechanics lien waiver forms—conditional and unconditional—must follow prescribed formats to be enforceable under Missouri statutory lien waiver form requirements.
When to Sign a Lien Waiver
Timing is essential when it comes to signing a lien waiver:
Use a conditional lien waiver Missouri when you have not yet received payment, ensuring your lien rights are protected until the payment clears.
Only sign a Missouri unconditional lien waiver after you’ve been paid. Signing a waiver prematurely can waive your rights, even if you encounter payment issues later.
Lien Waivers in Missouri for Subcontractors and Suppliers
To ensure that your Missouri lien waiver form is legally enforceable, follow these essential guidelines:
Lien Waivers Don’t Need to Be Notarized
A lien waiver form Missouri does not need to be notarized. However, it must be properly signed and completed, including critical details like your company name, project information, payment amount, and date. While notarization isn’t required, you should ensure the waiver is correctly filled out before submitting it.
Where to Send Lien Waivers
Typically, lien waivers—whether a contractor lien waiver form Missouri or one from a supplier—are sent to the general contractor, property owner, or even a lender.
Unlike Missouri mechanics liens, a lien waiver doesn’t need to be filed with the county recorder or any other government office. You don’t need to record your Missouri unconditional lien waiver or conditional waiver—just exchange it privately with the paying party. You can find printable Missouri lien waiver forms or blank lien waiver forms online to help with this process. Using a lien management platform to securely send lien waivers in Missouri can also make your lien management process more efficient and accurate.
Follow the Correct Waiver Forms
Make sure you’re using the correct State of Missouri lien waiver form for your situation, whether conditional or unconditional, for progress or final payments. Not using the proper form could render the waiver unenforceable.
Critical Information to Include in the Waiver
Every contractor lien release in Missouri should include specific information:
- Company name (yours).
- Project details, such as the property owner’s name and job description.
- Payment amount.
- Signature and title of the person authorized to sign the form.
- Date the waiver becomes effective.
Notice Requirements: Retaining Lien Rights in Missouri
If the property owner posts a notice at the job site, Missouri law requires subcontractors and suppliers to give written notice to owner within 25 days of providing labor or materials. This ensures you retain your lien rights in case payment disputes arise.
However, subcontractors and suppliers do not need to submit additional notice to retain lien rights if the owner does not post a notice. This protection is key for those providing labor or materials on a project whose owner hasn’t followed through on posting.
Navigating Missouri Lien Waivers
Navigating Missouri lien waivers doesn’t have to be complicated. Subcontractors and suppliers should be careful about when to sign waivers and make sure they use the correct lien waiver form for their situation in Missouri. Whether you’re using a blank lien waiver form or a free printable lien waiver form, ensure it meets Missouri’s legal requirements. Also, remember to submit your own notice if the property owner posts one, to protect your lien rights. Following these guidelines will help protect your payment rights and keep the project moving forward smoothly.
Streamlining Lien Waiver Management with Handle
For subcontractors and suppliers managing multiple projects, keeping track of lien waivers can be time-consuming and overwhelming. Handle’s lien waiver management platform streamlines the entire process, ensuring that you never miss a critical deadline or lose your lien rights.
With Handle, you can easily generate, track, and store lien waivers online, reducing paperwork and administrative headaches. The platform integrates with your payment systems, making it easier to ensure waivers are only signed once payment has been confirmed.
Handle’s platform helps you stay compliant with state-specific requirements, ensuring that your lien waivers meet Missouri’s legal standards. Whether you’re dealing with partial or final waivers, Handle’s platform helps you simplify the process and focus on getting paid faster.