You did the work, you sent the invoice, and the general contractor has gone quiet. That sick feeling in your stomach is real, but here's the reassuring part: in Missouri you are not stuck chasing a contractor who won't return your calls. Even though your deal was with the GC and not the owner, Missouri law gives you a direct claim against the property itself — a mechanic's lien under Chapter 429 of the Revised Statutes of Missouri. That lien turns "the GC owes me" into a secured claim on real estate, which is the kind of leverage that gets people paid.
The one thing you cannot do is wait. Missouri's lien deadlines are unforgiving, and the most powerful clock starts ticking on your last day of work, not the day you finally give up on the GC. So this guide is about moving fast and in order: protect the lien, send the required notices, keep your contract claim alive against the GC, and pick the calmest path that actually gets you your money.
First, lock down your paperwork and your dates
Before anything else, gather the record that proves what you furnished and when. Your lien rights rise or fall on documentation, so do this today.
- Pin down your last day of furnishing labor or materials. This date starts your six-month lien clock under RSMo § 429.080 — and it runs from your last real work, not your final invoice. Note it precisely.
- Collect the contract, change orders, and every invoice. Whatever you signed with the GC, plus written approvals for extras, builds your contract claim.
- Save delivery tickets, daily logs, and dated photos. Tickets and time-stamped photos of installed work prove the materials and labor actually went into this property.
- Identify the property and the owner. You need the legal description and the record owner's name to file a lien — get them from the county recorder or assessor.
Padding hurts you here. Missouri courts can void an entire lien over an inflated account, so record exactly what you are owed, no more.
Your most powerful tool: the mechanic's lien
Here is why a subcontractor is not powerless. Under RSMo § 429.010, lien rights extend to subcontractors, suppliers, and laborers who furnish labor or materials for a real-property improvement — even though you never signed a contract with the owner. These are derivative rights: they flow from the work you actually did, so you don't need privity with the owner to claim them.
The lien attaches to the owner's property rather than to the GC who stiffed you. That is enormous leverage. A recorded lien clouds the owner's title, can block a sale or refinance, and often violates the construction loan — which is exactly why a filed lien tends to shake money loose fast. Just remember your lien is generally limited to the reasonable value of what you furnished, so claim only that.
The notices you must serve before filing
This is the step subcontractors blow most often, and Missouri courts enforce it strictly. Because you have no contract with the owner, the law makes you put the owner on notice before you file.
- The 10-day subcontractor notice (RSMo § 429.100). As a sub without an owner contract, you must serve the owner written notice — stating the amount claimed and from whom it's due — at least 10 days before you file the lien. This lets the owner withhold that amount from the GC. Serving it nine days early, or leaving out required information, can defeat the lien.
- The residential notice of intent (RSMo § 429.012). If the property is residential — generally four or fewer dwelling units — every claimant must also serve a notice of intent to file a mechanic's lien at least 10 days before filing, in the exact statutory form, including the bolded warning language.
- Treat them as separate requirements. On a residential job you may need to satisfy both. Serve by certified mail with return receipt (or personally) and keep your proof of service.
File a "just and true account" — then the lien, on time
Your lien filing must include a just and true account: a sworn, itemized statement of the labor and materials you furnished and the amount due and unpaid, verified under oath and tied to a legal description of the property. This requirement runs through RSMo § 429.080, and owners love to attack subcontractor accounts as padded. If a court finds yours materially wrong, it can void the entire lien — so itemize carefully.
Then watch the two deadlines, because Missouri allows no "substantial compliance" forgiveness:
- File the lien statement within six months of your last day of furnishing labor or materials, under RSMo § 429.080, in the circuit court of the county where the property sits. Punch-list or warranty fixes generally do not reset this clock.
- File suit to enforce within six months of filing the lien, under RSMo § 429.170. A filed lien is not self-executing; if you don't sue in time, it expires automatically.
From your last day of work you have, at most, roughly twelve months to both file and enforce. Treat those as absolute outer limits, not targets.
Don't forget your claims against the GC
The lien is your security, but the GC still owes you under your deal. Keep those parallel claims alive — they matter if the lien is bonded off, the property won't cover the debt, or the facts get complicated.
- Breach of contract against the GC. Your signed agreement and invoices support a straightforward suit for the unpaid balance.
- Quantum meruit / unjust enrichment. If the contract is murky or disputed, you may still recover the reasonable value of work that benefited the project under these theories.
- Prompt-pay considerations. Missouri's prompt-payment rules can affect timing and, in some cases, interest on overdue amounts once a payment is properly due — raise it when you demand payment.
- A firm written demand first. Often a dated demand letter that mentions your lien rights and contract claims is enough to get the GC moving without a lawsuit.
Frequently Asked Questions
Can I file a lien if my contract was only with the general contractor?
Yes. Under RSMo § 429.010, subcontractors and suppliers have derivative lien rights based on the labor and materials they furnished, even without a contract with the owner. You must, however, serve the owner the 10-day notice under RSMo § 429.100 before filing.
How long do I have to file my subcontractor lien?
You must file the lien statement within six months of the last date you furnished labor or materials, under RSMo § 429.080. The clock runs from your last actual work, not your final invoice, and minor punch-list work generally does not reset it. Miss it by a day and the lien is void.
What if the owner already paid the general contractor in full?
You may still have a lien. Missouri's double-payment problem means an owner who paid the GC without obtaining lien waivers can still face liens from unpaid subs and suppliers. That is exactly why prudent owners demand waivers and use joint checks — and why your lien remains real leverage.
What is the 10-day notice and why does it matter so much?
It is a written notice to the owner, served at least 10 days before filing, stating the amount due and from whom, under RSMo § 429.100. It lets the owner withhold that amount from the GC. Missouri courts strictly enforce its form and timing, so a defective or late notice can sink an otherwise valid lien.
Can I sue the general contractor instead of filing a lien?
Yes, and you often do both. You can pursue breach of contract against the GC, and quantum meruit or unjust enrichment if the contract is disputed. The lien secures your claim against the property; the contract claim pursues the GC directly. Keeping both alive gives you the most leverage.
What happens if I miss the deadline?
Your secured lien rights are extinguished, with no equitable exceptions under Missouri law. You still have your underlying contract claim against the GC, but you lose the secured claim against the property and your priority position — which dramatically weakens your collection leverage.
Legal Disclaimer
This guide provides general legal information about Missouri law and is not legal advice. It does not create an attorney-client relationship. Missouri mechanic's lien law involves strict procedural requirements with severe consequences for missed deadlines and notices, and the outcome of any payment dispute depends on your contract, your documentation, and the specific facts of your project; consult a qualified Missouri attorney about your situation before filing or contesting a lien.