Mechanic’s liens are one of the most effective tools in the contractor’s toolbox. They can increase leverage to recover payment for labor or materials. In this second edition of the Mechanic’s Liens guidebook, experienced practitioner Sherman A. Botts lays out the step-by-step procedures for filing and preserving mechanic’s liens. The book includes valuable checklists and sample forms that will help you effectively represent your client. The second edition adds discussion on recent caselaw regarding:

  • eligibility for lien protection on public projects under Missouri's Little Miller Act (note: it's not the same as for private projects)
  • protection of a design professional when construction has not yet begun
  • priority issues between a mechanic's liens and a purchase-money deed of trust
  • substantial compliance with notice requirements
  • the effect of errors in a lien statement
  • identification of the last date work was performed
  • the effect of a bankruptcy filing on mechanic's liens, including whether lien time limits are tolled.

2nd edition 2015 (107 pages)
 

Guidebook - Mechanic's Liens

Chapters

1 | Introduction
2 | Creation and Extent of Lien
3 | Priorities
4 | Procedure
5 | Enforcement
6 | Forms

Forms

Checklist of Items in Lien Statement | §25
Checklist of Items in Petition | §33
Consent of Owner (subcontractor or supplier lien right) | §20
Notice of Claim of Mechanic’s Lien | §48
Notice of Claim Under Miller Act | §53
Original Contractor’s Notice to Owner | §17
Petition for Enforcement of Mechanic’s Lien | §51
Statement of Mechanic’s Liens—By Subcontractor/Supplier | §49
Statement of Mechanic’s Liens—By Original Contractor | §50
Step-by-Step Procedure for Preserving and Filing a Mechanic’s Lien | §2
Unconditional Final Lien Waiver for Residential Real Property | §23
Waiver of Mechanic’s Liens by Subcontractor | §52

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