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Missouri Lien Waiver Overview
Missouri Lien Waiver Rules
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Specific form Required
Missouri requires that a lien waiver must follow a provided statutory form in order to be valid.
Notarization Not Required
Missouri does not require that lien waivers be notarized in order to be effective. However, there are specific signature requirements that apply to residential jobs.
Cannot Waive Rights in Contract
Missouri does not allow lien waivers prior to or included in the contract for work.
Can Waive Rights Before Payment
It is not specifically set out, but it appears that a waiver in advance of payment (or even work) could be valid if not provided as consideration for getting the job.
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- Is There Only 1 Statutory Waiver Form in Missouri
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Missouri lien waivers are partially regulated.This is great news for contractors, suppliers, lenders, property developers, and anyone else on a Missouri construction project. Missouri is just one of 12 states that provide statutory lien waiver forms and have specific lien waiver laws.
There are also limitations related to when lien waivers can be requested and provided. Lien rights are a policy right of contractors and suppliers, so many states have protections in place to make sure those rights aren’t unfairly side-stepped. In Missouri, these protections make it so that lien waivers cannot be provided prior to or in the contract for work. However, it appears that lien rights may be waived prior to payment (or even prior to work) as long as as they are not waived prior to or in the contract itself.
In Missouri, like everywhere, construction participants should pay careful attention to lien waivers. They are exchanged all the time, but they can have serious consequences. The resources, forms, guides, and frequently asked questions about Missouri Lien Waivers on this page will help you get it right
Free Missouri Lien Waivers Forms & Templates
Missouri has specific lien waiver forms that can be used by everyone on a Missouri construction project. Using these forms is safe, easy, stress-free, and fair for everyone involved.
The forms provided here for free by Levelset are compliant with the Missouri rules. You can download them free, or use our free system to send or request your compliant Missouri lien waiver form.
Free Missouri Lien Waiver Forms
These Missouri lien waiver forms are compliant with the state's requirements. Make it easy, and use forms from the source you can trust.
Missouri Final Unconditional Lien Waiver for Residential Property Form
The MO final unconditional waiver for residential real property (also called a final unconditional lien release) should be used when the final payment for a...
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Missouri Lien Waivers FAQs
Missouri's lien waiver requirements and rules can be difficult to understand, especially since some of the rules only apply to certain types of projects. This can create some murky situations. We have answers to some of the most common questions about Missouri's lien waiver rules below.
Missouri Lien Waiver FAQs
https://www.levelset.com/lien-waivers/missouri-lien-waiver-faqs/#faq-item-does-missouri-require-a-specific-statutory-lien-waiver-form
Does Missouri require a specific statutory lien waiver form?
Yes, Missouri requires statutory forms for lien waivers.
https://www.levelset.com/lien-waivers/missouri-lien-waiver-faqs/#faq-item-what-are-the-requirements-for-an-missouri-lien-waiver-what-makes-a-lien-waiver-binding
What are the requirements for an Missouri lien waiver? What makes a lien waiver binding?
The lien waiver must comply with the statutory form provided. Lien waivers may be required as a condition for payment.
https://www.levelset.com/lien-waivers/missouri-lien-waiver-faqs/#faq-item-are-unconditional-lien-waivers-prohibited-in-missouri
Are Unconditional Lien Waivers Prohibited in Missouri?
No, as long as the waiver complies with the statutory form provided. Missouri statutory law actually expressly allows unconditional lien waivers as long as they are not advance waivers.
https://www.levelset.com/lien-waivers/missouri-lien-waiver-faqs/#faq-item-is-there-a-specific-statutory-prohibition-on-lien-waivers-in-advance-of-payments-furnishing-of-work-or-furnishing-of-materials-in-missouri
Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Missouri?
Yes, Missouri does not allow lien waivers “in anticipation of and in consideration for the awarding of a contract or subcontract to perform work or supply materials for an improvement upon real property.” It is not specifically mentioned as to whether an advance lien waiver given after a contract is signed – such that it wasn’t “in consideration for the awarding of” the contract – would be enforceable.
https://www.levelset.com/lien-waivers/missouri-lien-waiver-faqs/#faq-item-must-missouri-lien-waivers-be-notarized
Must Missouri lien waivers be notarized?
No. Lien waivers in Missouri do not need to be signed to be effective. An unconditional final waiver for residential real property in Missouri is only effective if it is in a form as substantially set forth by statute, which requires that in addition to the claimant’s signature, that the claimant’s legal name and the name, title or position, address, and telephone number of the person executing the unconditional final lienwaiveron behalf of claimant shall be typed or legibly printed immediately above or below the signature.
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