Missouri Lien Waiver Requirements and FAQs

Yes and no—Missouri offers a specific, statutory lien waiver form for unconditional final lien waivers only. All other lien waiver subtypes are allowed here, whether conditional or unconditional, progress or final, which can make the process confusing.

Though not mandated by state law, Missouri offers some sample forms via its Office of Administration: Facilities Management, Design & Construction that can prove helpful.

Missouri lien waivers must follow the state’s guidelines to be valid and enforceable:

• Unconditional final lien waivers must follow the format and content outlined by state law.
• All other lien waiver subtypes should clearly state the amount being waived and the property to which they apply, and
• They must be signed by the party waiving their lien rights.

If you’re not providing an unconditional final lien waiver and you’re wondering where to
start, we recommend using one of the state-provided sample forms.

Lien waivers in Missouri can be tricky when it comes to timing. Rights to claim a lien cannot be waived in the contract or before work begins.

Other than that, parties can exchange lien waivers in Missouri as follows:

1. A partial conditional waiver indicates that you will waive your lien rights for that specific portion of the project after the GC pays the noted amount. This should be exchanged when you submit a pay app for a progress payment.
2. A partial unconditional waiver should ideally be exchanged after you receive payment for the specified amount, thus allowing you to waive your right to file a lien on this portion of the project. (If you exchange this waiver before being paid for a Missouri construction job, you surrender your primary leverage for securing payment.)
3. A final conditional waiver states that you will waive your lien rights for the entire project, only if the GC pays in full. Submit this waiver with the final pay app to signify a project has ended.
4. Lastly, a final unconditional waiver should be exchanged after full payment has been received from the GC, including retention and fees. This waives all of your lien rights on the project. (This is the only form outlined in Missouri statutes.)

For more information on which lien waivers to use and when, check out this comprehensive guide.

In Missouri, parties cannot add lien waiver provisions to the contract—unless the provisions require a lien waiver as a condition for payment. This essentially means that the waiving party could be supported through a clause that notes a conditional lien waiver will be exchanged. This lien waiver form dictates that lien rights are only waived once payment is received, which is ultimately a good thing for subcontractors as it helps protect their payments.

Missouri outlines a ton of stipulations around waiving lien rights. Unfortunately, the state only provides one form for unconditional final lien waivers, meaning parties need to use their own forms for three other types of lien waivers:

• Partial unconditional lien waiver
• Partial conditional lien waiver
• Final conditional lien waiver

This can be tricky because these three forms can include project-specific details and legal terms. To avoid problems, make sure you carefully review every contract clause about lien waivers to ensure you’re filling out these three forms correctly. We also recommend including the same basic information found in Missouri’s standard unconditional final lien waiver form, such as claimant name, claimant address, and legal description of the property. Remember—Missouri provides sample forms for these three lien waiver types. You’re free to use these and make adjustments as needed based on project-specific requirements.

To make matters more complicated, Missouri penalizes subs, suppliers, and GCs if they don’t handle lien waivers properly. For example, if a claimant records a notice of rights and is paid in full for their work on a property, yet they don’t exchange a lien waiver within five calendar days after the claimant’s receipt of a written request to waive lien rights, they may be “liable for slander of title and for any damages sustained as a result thereof,” alongside a big fine of $500.

The state also outlines what happens if contractors supply a fraudulent lien waiver. At the beginning of the project, either when the contract is signed, materials are delivered, work begins, or the first invoice is exchanged, every contractor must submit a written Notice to Owner in 10-point bold type that discusses what happens if the owner does not pay the GC.

If the GC fails to provide this written notice and intends to defraud, they’ll be charged with a class B misdemeanor. Any contractor who issues a fraudulent lien waiver or false affidavit will be charged with a class D felony.

It’s important to review all of Missouri’s resources in the next section to a tee, so you can stick to the rules and avoid penalties and fines.

If you’re in the middle of a dispute over a Missouri lien waiver, start by reviewing the lien waiver and corresponding job contract to understand how it will be interpreted by the Missouri circuit court system. When it cannot be handled directly, consider consulting with a construction law attorney who is familiar with Missouri lien laws.

Understanding Missouri lien waiver laws is the key to getting paid fairly when doing business in the state. Here’s where to start:

1. 2023 Missouri Revised Statutes Title XXVII, Chapter 429, Section 429.016 (covers lien waiver form elements)
2. 2023 Missouri Revised Statutes Title XXVII, Chapter 429, Section 429.012 (covers fraudulent lien waivers)
3. 2023 Missouri Revised Statutes Title XXVII, Chapter 429, Section 429.005 (covers lien right stipulations)
4. State of Missouri Office of Administration: Facilities Management, Design & Construction (includes form templates for partial and full lien waivers)
5. Missouri Professional Registration & Licensing
6. The Missouri Bar Committees and Sections (create an account to view the full list)

Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients—without ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who’s received the form, who’s opened it, and who has (or hasn’t) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.