Notice of Claim-Public Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software,. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Notice of Claim on Bond and Lien for Public Improvement.

Scope: State of Missouri, Public Works.

Time Constraints: Missouri does not provide statutory requirements for the filing of bond claims or perfection of public liens. Look to the payment bond for specifics on filing claims with the exception that suit must be filed in St. Louis, Missouri within 90 days from completion of your public contract.

Important: If the terms of the Payment Bond had notice requirements itself, you will probably be unable to make a claim against the Payment Bond. See Missouri Preliminary Notice, Public Work, memo for more information.

Payment Bond: Recovery of payment bond funds is not specifically covered by Missouri law. Where a Payment Bond has been provided by a surety, after you have served a copy of the Lien on State Funds and Claim on Payment Bond on the surety file suit against the surety within the time frame required by the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforment actions to perfect you r lien claims. Program information and information for Exhibits A-D and any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. Public entities and sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Fomr Types: Notice of Claim on Bond and Lien for Public improvement and Exhibits A-D, if needed.

Procedures: Prepare your documents using the required information. Within the time frames listed above serve copies immediately on the public entities, prime contractors, sureties, if known, and your sub-contractor.

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