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Lien waivers by state · Missouri

Missouri lien waiver requirements

Missouri is a statutory-form state

Missouri lien waivers may generally be freely worded, EXCEPT that an unconditional final lien waiver on residential real property is effective only if it is in substantially the statutory form set out in Mo. Rev. Stat. § 429.016. For commercial projects and for conditional/progress waivers, no specific statutory form is mandated, though waivers must be in writing and signed. Notarization is not required for the waiver itself.

Statute: Mo. Rev. Stat. §§ 429.010-429.340 (mechanic's liens); waiver form prescribed at § 429.016 (residential)

Missouri lien waiver forms

The four standard waiver-and-release types and Missouri’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Missouri does not require lien waivers to be notarized to be valid. (Note: § 429.016 requires notarization only for the separate residential "Notice of Rights" document, not for the lien waiver/release itself.)
Mandatory statutory language: Mandatory form/language applies ONLY to unconditional final lien waivers on residential real property, which must be "substantially" in the statutory form of Mo. Rev. Stat. § 429.016 (including the claimant's legal name, the property's legal description, and the signer's name, title, address, and phone printed near the signature). Commercial and conditional/progress-payment waivers have no statutory required form and may be freely worded.
Electronic signatures accepted

Key Missouri deadlines

Preliminary / pre-lien notice: Original/general contractors must give the owner a statutory disclosure "Notice to Owner" before receiving any payment (Mo. Rev. Stat. § 429.012). No general preliminary-notice requirement applies to subcontractors/suppliers on private commercial work.
Notice of intent to lien: Required for everyone except the original contractor (subcontractors and suppliers): at least 10 days before filing the lien, serve written notice on the owner stating the amount and from whom it is due (Mo. Rev. Stat. § 429.100). Not required for a GC contracting directly with the owner.
Mechanics lien filing deadline: Within 6 months after the last furnishing of labor or materials (Mo. Rev. Stat. § 429.080). The lien must then be enforced by suit within 6 months of filing; the filing deadline cannot be extended.

Missouri lien waiver FAQ

Does Missouri require a specific lien waiver form?

Only for one situation: an unconditional final lien waiver on residential real property must be in substantially the statutory form set out in Mo. Rev. Stat. § 429.016. For commercial projects and for conditional or progress-payment waivers, Missouri does not mandate a specific form and the waiver may be freely worded (but should be in writing and signed).

Do lien waivers need to be notarized in Missouri?

No. Missouri does not require lien waivers to be notarized for them to be valid. (A separate residential 'Notice of Rights' document under § 429.016 must be notarized, but the waiver/release itself does not.)

Can lien waivers be signed electronically in Missouri?

Yes. Electronic signatures on lien waivers are valid in Missouri under the Uniform Electronic Transactions Act and the federal E-SIGN Act, the same as handwritten signatures.

What is the deadline to file a mechanics lien in Missouri?

A mechanic's lien must be filed within 6 months after the claimant last furnished labor or materials to the project (Mo. Rev. Stat. § 429.080). A suit to enforce the lien must then be filed within 6 months of recording the lien.