Missouri Account Stated for Construction Work

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An account stated is a statement between a creditor (the person to whom money is owed) and a debtor (the person who owes) based upon a series of prior transactions that a particular amount is owed to the creditor as of a certain date.

Missouri Account Stated for Construction Work is a legal concept that refers to an agreement or understanding between parties involved in a construction project regarding the amount of money owed for the work performed. It is a construction-related version of the broader "account stated" doctrine, which applies to a wide range of business transactions. Under Missouri law, an account stated arises when parties have previously conducted business together and one party has sent a statement of account to the other, detailing the amount owed. If the recipient does not dispute the accuracy of the statement within a reasonable period of time, an account stated is considered to be formed. In the context of construction work in Missouri, this means that a contractor, subcontractor, or supplier who has performed work or provided materials would send an itemized statement or invoice to the party responsible for payment (typically the property owner or general contractor). If this statement is not disputed within a reasonable time frame, typically 30 days, it is considered an account stated. This legal concept is crucial for contractors and other construction industry professionals as it provides a mechanism to enforce payment for completed work or provided materials. It allows contractors to establish a legal basis for pursuing payment if the client or property owner later disputes the amount owed. Different types of Missouri Account Stated for Construction Work may include: 1. Contractor Account Stated: A contractor who has completed a construction project sends an itemized statement to the property owner or general contractor, indicating the total amount owed for labor, materials, and any other expenses incurred. 2. Subcontractor Account Stated: A subcontractor who has completed work on a construction project sends an itemized statement to the general contractor or property owner, outlining the amount owed for their specific portion of the project. 3. Supplier Account Stated: A supplier who has provided materials for a construction project sends an itemized statement to the contractor, subcontractor, or property owner, indicating the amount owed for the materials supplied. In each case, if the recipient fails to dispute the accuracy of the statement within the specified time period, the account stated is deemed to be formed, and the party who performed the work or provided the materials can legally pursue collection through various means, such as filing a lawsuit or pursuing arbitration. It is important to note that the specific requirements and procedures for establishing an account stated for construction work may vary depending on the circumstances and the parties involved. Consulting with an experienced construction law attorney in Missouri is advisable to ensure compliance with the relevant laws and to effectively protect one's rights in pursuing payment for construction work.

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FAQ

Paying subcontractorsYou usually pay your subcontractors directly. But you can pay them through a third party (such as a relative or debt company) if they ask you to. If you make deductions, you must give the subcontractor a payment and deduction statement within 14 days of the end of each tax month.

How long does a judgment lien last in Missouri? A judgment lien in Missouri will remain attached to the debtor's property (even if the property changes hands) for ten years.

When the subcontractor does not get paid then they have grounds to pursue the contractor for monies owed. This could be in the form of wages or unpaid invoices for services rendered. In the USA, the owner of the property can be held liable for payment under a Mechanics Lien.

How to file a Mechanics Lien in Missouri (DIY)Read the guide. Read the guide.Get the correct form. Get the correct form.Fill out your form. Be careful!File your lien with the clerk of the circuit court. Find your county office.Serve your lien on the owner.After you file.

A general rule of contributory negligence is that a main contractor is not liable for the negligence of its independent subcontractor. There are some exceptions to this rule, including: The main contractor had actual knowledge that the sub-contractor's work had been done in a foreseeably dangerous way and condoned it.

Releasing a Lien On a motor vehicle, trailer, manufactured home, vessel, or outboard motor, Sections 301.640, 306.420, and 700.370, RSMo require the lienholder to release the lien on a separate document within 5 business days after the lien is satisfied. The release document shall be notarized.

Payment timing The contractor must pay subcontractors within 15 days of being paid by the owner or face potential penalty interest of 1.5 percent per month.

Grants general contractors, subcontractors, suppliers, and laborers the ability to assert a mechanic's lien for labor and materials provided to a property, provided the lien is properly filed within six months of the last date of work (excluding warranty and corrective work).

How to file a Mechanics Lien in Missouri (DIY)Read the guide. Read the guide.Get the correct form. Get the correct form.Fill out your form. Be careful!File your lien with the clerk of the circuit court. Find your county office.Serve your lien on the owner.After you file.

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Missouri Account Stated for Construction Work