August 6, 2013
Changes to Missouri's Mechanic's
Lien Statute pertaining to a lien claim for rental of machinery or equipment
will go into effect August 28, 2013. This statute does not apply to those
who use rented machinery or equipment in performing their work, rather it
applies to those claiming a lien solely for the rental of the machinery or
equipment on a commercial project. Such a lien is permissible for a claim
that exceeds $5,000.00, for the reasonable rental value of the equipment, while
on the subject
property, and does not require proof of use
of the machinery or equipment on the property.
The changes include, first, the time
for giving the property owner written notice that rental machinery or equipment
is being used upon their property. The time for notice has changed from five to fifteen business
days from the commencement of the use of the equipment. In addition,
inclusion of the rental rate as a part of the written notice is no longer
required. As such, the written notice required must now include only the
identity of: (1) the name of the entity that rented the machinery or equipment;
(2) and the machinery or equipment being rented.
Darcy V. Hennessy & Leslie A. Boe (Contributing
Authors)
Hennessy, Boe & Gondring, P.A
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