We are a sub-contractor- we were fired from a commercial construction project and have not been paid, and the company refuses to answer or reply to any phone calls.
My question is do we have to submit a demand for payment letter, prior to sending the parties the mandatory 10 day notice prior to filing the mechanics lien?
Thank you very much, just for having this site!!!!
1 Answer from Attorneys
Re: Mechanics lien
Because there are exceedingly technical statutory requirements for mechanic's liens and because such liens are strictly enforced by the courts, it is not surprising that many liens filed without the consultation of an attorney are ultimately found by a court to be invalid.
Missouri has very strict requirements for the types of notices that must be given to prior to a lien being filed. For example, some notices must be given to the owner of the property prior to work actually commencing. In addition, the type of notice required varies depending on whether you are a subcontractor or original contractor and the type of construction work, among other things.
If you are unsure if you are in compliance with Missouri statutes, I highly recommend that you hire an attorney to assist you with the process, at least for the first few mechanic's liens you file. The money you spend on an attorney is minimal compared to the money you'll lose if you don't strictly comply with Missouri law when attempting to file your lien. Best of luck.