|SB 0638||Landowner Actions to Clear Title|
|LR Number:||S2543.05P||Fiscal Note:||2543-05|
|Committee:||Civil and Criminal Jurisprudence|
|Last Action:||04/11/96 - Defeated on S Third Reading|
|Title:||SS/SCS/SBs 638 & 753|
|Effective Date:||August 28, 1996|
SS/SCS/SBs 638 & 753 - This act makes two significant changes in the law relating to mechanics' liens: 1) a landowner may file a petition to adjudicate all liens claimed on his property; and 2) a landowner may furnish a bond with the circuit court to satisfy all claims for improvements made to his property. This act also provides lien rights to designers and architects.
LANDOWNER PETITION: A landowner or tenant may file a petition in the circuit court to adjudicate all liens claimed on his property so long as no action to enforce any such liens has been commenced. A lien claimant who fails to establish his lien may be ordered to pay the costs of the landowner's action.
LANDOWNER BOND: A landowner may file a bond, escrow or letter of credit with the circuit court to pay for liens that may be filed on the property. The amount of the bond, escrow or letter of credit shall be equal to or greater than the price of the contract for which the bond, escrow or letter of credit is provided. Once the bond, escrow or letter of credit is approved by the judge, no liens shall attach and those liens that had been filed previously shall be deemed discharged. The bond, escrow or letter of credit may require that claims upon the bond, escrow or letter of credit be brought within a specified period. Once this period expires, the bond, escrow or letter of credit shall be canceled by operation of law.
ARCHITECTURAL LIENS: An architect or engineer may assert a lien upon a building or land, even if actual construction has not begun, if the following conditions are met:
1) the owner contracted directly with the architect or engineer;
2) the owner is the owner of the land at the time the contract is made; and
3) the architect or engineer files a notice of intent to lien listing with the clerk of the circuit court within three months of the date of the architect s last work on the property.
Finally, this act defines the term "persons" for the purpose
of Section 431.180, RSMo, relating to private construction