Area coverage: Missouri Counties of:
St. Louis County, St. Louis, Jefferson, St. Charles


For the Attorney representing construction, general contractor and subcontractor claims

1. Get a copy from the client of the:

a. basic contract 

b. if residential, the Owner’s Consent

b. supplemental documents modifying the contract.

c. contractor’s Notice to the Owner

d. all schedules and documents to support labor by hours and rate, and materials and, if necessary, a separate accounting

2. Verify the date the work was completed (not including correction of complaints and checklist items)

3. Determine and schedule all deadlines for:

a. Notice of Lien by subcontractor

b. Lien of general contractor and any subcontractor

c. Filing suit to enforce the lien

4. Order a letter report from title company to verify ownership and legal description of property and any other liens and encumbrances

5. Investigate whether the owner is a corporation, limited liability company, partnership, etc and determine who to serve with notice, and later with summons

6. Schedule preparation of suit:

a. Two months after lien is filed if not paid (if it has not been paid by then, it is not going to be before suit)
7. Complete the following for purposes of suit:

a. Notice Given:  BY:____________________________________________
b. Lien Filed:___________________________________________________

c. Petition filed:   ______________________

d. All deed of trust holders added:______________________________

e. ll other mechanic’s liens researched and added:______________

8. Shortly after suit is filed, prepare Interrogatories, Request for Production of Documents, and Requests for Admissions.

9. Once all parties are served with summons, serve all with Interrogatories etc and schedule due date for answers 

10. If any party is in default, file Motion for Default Judgment as to that party and set for hearing.

11. Schedule depositions?

12. Follow up on enforcement of discovery.

13. Prepare Motion for Summary Judgment


Use of this Web Site and review of this Article does not create an attorney-client relationship.   The law and its application by the courts is constantly evolving and changing.  As with all memoranda in these archives, the discussion of the law is for general informational purposes, is in general summary form, is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations.    Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.

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